52:27D-351 - Violations, enforcement; penalties - New-jersey Statutes

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Statutes > New-jersey > Title-52 > Section-52-27d > 52-27d-351

52:27D-351. Violations, enforcement; penalties      22. If the commissioner determines or has cause to believe that a person has engaged in any act or practice which constitutes a violation of this act, the commissioner may take any or all of the following actions, as appropriate:

    a.   Issue an order requiring the person to cease and desist from engaging in the act or practice;

    b.   Bring an action in a court of competent jurisdiction to enjoin the act or practice and to enforce compliance with this act. Upon a proper showing, the court may grant a permanent or temporary injunction, restraining order or writ of mandamus and may appoint a receiver or conservator for the defendant or the defendant's assets. The commissioner shall not be required to post a bond; or

    c.   Levy and collect civil penalties in the amount of not less than $250, and not more than $50,000, for each violation of this act or any rule adopted pursuant thereto, and compromise and settle any claim for a penalty in such amount in the discretion of the commissioner as may appear appropriate and equitable under the circumstances of the violation. Each day during which a violation continues after the effective date of a notice to terminate issued by the commissioner shall constitute an additional, separate and distinct violation. If an administrative order levying a civil penalty is not satisfied within 30 days of its issuance, the commissioner may sue for and recover the penalty with costs in a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) in the Superior Court.

    The commissioner shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regarding the implementation of subsection c. of this section.

    L.1986,c.103,s.22; amended 1991,c.314.

State Codes and Statutes

Statutes > New-jersey > Title-52 > Section-52-27d > 52-27d-351

52:27D-351. Violations, enforcement; penalties      22. If the commissioner determines or has cause to believe that a person has engaged in any act or practice which constitutes a violation of this act, the commissioner may take any or all of the following actions, as appropriate:

    a.   Issue an order requiring the person to cease and desist from engaging in the act or practice;

    b.   Bring an action in a court of competent jurisdiction to enjoin the act or practice and to enforce compliance with this act. Upon a proper showing, the court may grant a permanent or temporary injunction, restraining order or writ of mandamus and may appoint a receiver or conservator for the defendant or the defendant's assets. The commissioner shall not be required to post a bond; or

    c.   Levy and collect civil penalties in the amount of not less than $250, and not more than $50,000, for each violation of this act or any rule adopted pursuant thereto, and compromise and settle any claim for a penalty in such amount in the discretion of the commissioner as may appear appropriate and equitable under the circumstances of the violation. Each day during which a violation continues after the effective date of a notice to terminate issued by the commissioner shall constitute an additional, separate and distinct violation. If an administrative order levying a civil penalty is not satisfied within 30 days of its issuance, the commissioner may sue for and recover the penalty with costs in a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) in the Superior Court.

    The commissioner shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regarding the implementation of subsection c. of this section.

    L.1986,c.103,s.22; amended 1991,c.314.

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State Codes and Statutes

Statutes > New-jersey > Title-52 > Section-52-27d > 52-27d-351

52:27D-351. Violations, enforcement; penalties      22. If the commissioner determines or has cause to believe that a person has engaged in any act or practice which constitutes a violation of this act, the commissioner may take any or all of the following actions, as appropriate:

    a.   Issue an order requiring the person to cease and desist from engaging in the act or practice;

    b.   Bring an action in a court of competent jurisdiction to enjoin the act or practice and to enforce compliance with this act. Upon a proper showing, the court may grant a permanent or temporary injunction, restraining order or writ of mandamus and may appoint a receiver or conservator for the defendant or the defendant's assets. The commissioner shall not be required to post a bond; or

    c.   Levy and collect civil penalties in the amount of not less than $250, and not more than $50,000, for each violation of this act or any rule adopted pursuant thereto, and compromise and settle any claim for a penalty in such amount in the discretion of the commissioner as may appear appropriate and equitable under the circumstances of the violation. Each day during which a violation continues after the effective date of a notice to terminate issued by the commissioner shall constitute an additional, separate and distinct violation. If an administrative order levying a civil penalty is not satisfied within 30 days of its issuance, the commissioner may sue for and recover the penalty with costs in a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) in the Superior Court.

    The commissioner shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regarding the implementation of subsection c. of this section.

    L.1986,c.103,s.22; amended 1991,c.314.