State Codes and Statutes

Statutes > New-jersey > Title-17b > Section-17b-30 > 17b-30-17

17B:30-17.  Desist orders for prohibited practices;  penalty
    a.  If the commissioner has reason to believe that any person has been engaged or is engaging in this State in any unfair method of competition, or any unfair or deceptive act or practice expressly prohibited in this chapter, and that a proceeding by him in respect thereto would be to the interest of the  public, he shall issue and serve upon such person a statement of the charges in  that respect and a notice of a hearing thereon as provided in the "Administrative Procedure Act"  (P.L.1968, c. 410;  c. 52:14B-1 et seq.) and any rules adopted thereunder.

    b.  If, after such hearing, the commissioner shall determine that the method  of competition or the act or practice in question is defined in this chapter  and that the person complained of has engaged in such method of competition,  act or practice in violation of this chapter, he shall make his findings in  writing and shall issue and cause to be served upon the person charged with the  violation an order requiring such person to cease and desist from engaging in  such method of competition, act or practice and the commissioner may order  payment of a penalty not to exceed $1,000.00 for each and every act or  violation unless the person knew or reasonably should have known he was in  violation of this chapter, in which case the penalty shall be not more than  $5,000.00 for every act or violation.  The penalty shall be collected by the  commissioner in the name of the State in a summary proceeding in accordance  with the  "penalty enforcement law" (N.J.S. 2A:58-1 et seq.).

    c.  Until the expiration of the time limited for judicial review, if no proceeding for review has been instituted within such time or, if a proceeding for review has been instituted within such time, then until the transcript of the record in the proceeding has been filed in the Superior Court, as hereinafter provided, the commissioner may at any time, upon such notice and in  such manner as he shall deem proper, modify or set aside in whole or in part  any order issued by him under this section.

    d.  After the expiration of the time limited for judicial review if no such  proceeding has been instituted within such time, the commissioner may at any  time, after notice and opportunity for hearing, reopen and alter, modify or set  aside, in whole or in part, any order issued by him under this section,  whenever in his opinion the facts or the laws have so changed as to require  such action or if the public interest shall so require.

    e.  No order or proceeding, or absence of such order or proceeding of the commissioner pursuant to this chapter or order of court to enforce such order, if made, shall in any way relieve or absolve any person affected thereby from any other liability, penalty or forfeiture provided by another law.

     L.1971, c. 144, s. 17B:30-17.  Amended by L.1981, c. 452, s. 1, eff. Jan. 11,  1982.