NJ Admin Code § 13:69E-1.3(f)(1)(ii) is the section of the admin code that has the "permanent" language. The issue would be when was this specific section added?
I see no smoke or guns until that question is answered. Unfortunately, administrative code amendments aren't as easy to track down as statutory amendments, but it's out there somewhere.
As a Michigan attorney, I am not adept at the NJ websites, but the admin code and that section are available here: https://advance.lexis.com/container?config=00JAA5OTY5MTdjZi1lMzYxLTQxNTEtOWFkNi0xMmU5ZTViODQ2M2MKAFBvZENhdGFsb2coFSYEAfv22IKqMT9DIHrf&crid=100b25fc-137b-4dc5-b5cb-06e9f4bb6260&prid=a62cae8c-ad9a-4710-a5a2-16c83e8ae4de (you will have to click to prove you are not a computer to reach the page)
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