State Codes and Statutes

Statutes > New-jersey > Title-45 > Section-45-1 > 45-1-17

45:1-17.  Powers of Attorney General to implement act and administer law enforcement activities of boards    In implementing the provisions of this act and administering the law enforcement activities of those professional and occupational boards located within the Division of Consumer Affairs, the Attorney General may:

    a.  After advice to the board or boards in question of his intent to proceed  under this section, and the specific action he intends to take, and the failure  of such board or boards to take steps in accordance with the advice of the  Attorney General within 30 days of receipt of such advice, promulgate rules and  regulations consistent with the provisions of this act and the Administrative  Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.) governing the procedure  for administrative hearings before all boards within the Division of Consumer  Affairs.  Such rules and regulations shall govern administrative complaints,  answers thereto, issuance of subpenas, appointment of hearing examiners,  adjournments, submission of proposed findings of fact and conclusions of law,  the filing of briefs, and such other procedural aspects of administrative  hearings before the boards as the Attorney General may deem necessary;   provided, however, nothing herein authorized shall be construed to require the  Attorney General to promulgate rules regarding prehearing investigative  procedures.

    b.  After advice to the board or boards in question of his intent to proceed  under this section, and the specific action he intends to take, and the failure  of such board or boards to take steps in accordance with the advice of the  Attorney General within 30 days of receipt of such advice, promulgate  substantive rules and regulations consistent with the provisions of any statute  governing the activities of any licensing agency, board or committee located  within the Division of Consumer Affairs, which shall be limited to disciplinary  matters and arbitrary restrictions on initial licensure.  In addition to  promulgating such rules and regulations, the Attorney General may direct that  any proposed or existing regulation be amended, abandoned or repealed.  Prior  to the final adoption of any regulation affecting the activities of any  professional or occupational licensing agency, board or committee located  within the division and prior to the issuance of any directive to amend,  abandon or repeal any regulation, the Attorney General or his designee shall  first consult with the agency, board or committee whose activities are affected  regarding the proposed action.

    c.  After a full consideration of all relevant facts and the applicable law,  may direct the initiation of any appropriate enforcement action by a professional or occupational licensing board or set aside, modify or amend, as may be necessary, any action or decision of a licensing agency, board or committee located within the Division of Consumer Affairs;  provided, however, no such action shall be directed by the Attorney General in reviewing the action or decision of an agency, board or committee unless such action or decision is contrary to applicable law.

     L.1978, c. 73, s. 4, eff. July 13, 1978.