N.J. Admin. Code § 13:2-23.30

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:2-23.30 - Prohibition against hindering an investigation

(a) Every license and every person with an ownership interest therein and every director, officer, agent and employee of every licensee shall facilitate any investigation or inspection of the licensed premises conducted by, or on behalf of the Division, or other issuing authority. The failure of any of the foregoing persons or entities, either directly or indirectly, to answer any question, to produce any document in the time, place and manner requested or to facilitate in any way whatsoever the inspection of the licensed business or premises shall constitute a violation of this section.

(b) A refusal by any licensee, or any of the persons identified in (a) above, to comply with an investigatory subpoena or request combined with a prompt legal challenge thereto shall constitute a defense if the refusal and legal challenge are based upon a legally cognizable privilege or claim for which the licensee has an objectively reasonable basis to believe applies to its circumstances, as determined by the Director or a court of law with competent jurisdiction. A legal challenge to an investigatory subpoena shall be prompt if a motion to quash the subpoena is filed with either the Director or a court of law before the return date of the subpoena.

(c) Every person identified in (a) above shall accept service of any investigatory request, including requests for documents or testimony or subpoena issued by the Director. If service of an investigatory request cannot be made due to the refusal of the licensee or any such person identified in (a) above to accept service of same, the licensee may be considered in violation of N.J.S.A. 33:1-35 and N.J.A.C. 13:2-23.30.

(d) No licensee, permittee or any shareholder, partner or other person having an interest in a license or permit shall refuse to submit to fingerprinting when so required by the Director or the local issuing authority.

(e) No licensee, permittee or any shareholder, partner or other person having an interest in a license or permit shall refuse to submit full disclosure in a financial investigation, including but not limited to all savings, checking, or other bank or financial accounts held by or for such person or entity individually, jointly, or in trust (for himself, herself or another person or entity), when so required by the Director or the local issuing authority.

N.J. Admin. Code § 13:2-23.30

Amended by R.1990 d.412, effective 8/20/1990.
See: 22 New Jersey Register 1811(a), 22 New Jersey Register 2508(c).
Revised heading; stylistic revisions.
Amended by R.1995 d.450, effective 8/21/1995.
See: 27 New Jersey Register 2051(a), 27 New Jersey Register 3177(a).
Stylistic changes.
Amended by R.2000 d.342, effective 8/21/2000.
See: 32 New Jersey Register 1717(a), 32 New Jersey Register 3162(a).
Rewrote the section.
Amended by R.2005 d.212, effective 7/5/2005.
See: 36 New Jersey Register 4211(a), 37 New Jersey Register 2544(a).
Added (c) through (e).