N.J. Admin. Code § 13:45B-16.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:45B-16.1 - Violations

(a) A violation of any applicable provision of this chapter by a licensee shall be deemed to be a violation of the Act and, if applicable, the CFA and shall be subject to the penalties and sanctions provided for thereunder.

(b) A violation of any applicable provision of this chapter by a registrant or its agent shall be deemed to be a violation of the Act and, if applicable, the CFA and shall be subject to the penalties and sanctions provided for thereunder.

(c) Nothing in this chapter shall be interpreted to prohibit prosecution of any practices by a licensee or registrant which may be unlawful under any other State or Federal law.

(d)N.J.S.A. 34:8-52f is applicable to those firms which charge fees to job seekers, not potential employers.

(e) Nothing in the Act or this chapter shall be construed to prevent qualified members of other professional groups, such as members of the clergy, authorized practitioners, school guidance counselors, or psychologists from providing career counseling services consistent with the accepted standards of their respective professions, provided, however, that they do not hold themselves out to the public by any title or description stating or implying that they are career counselors or are licensed to practice career counseling.

(f) The Director may refuse to issue, and may revoke, any license or registration for failure to comply with, or violation of, the provisions of the Act and this chapter or for any other good cause shown, within the meaning and purpose of the Act and this chapter. A refusal or revocation shall not be made except upon reasonable notice to, and opportunity to be heard by the applicant or licensee or registrant. The Director may, if he or she finds it to be in the public interest, suspend a license or registration for any period of time that he or she determines to be proper or assess a penalty in lieu of suspension, or both, and may issue a new license or registration, notwithstanding the revocation of a prior license or registration, provided that he or she finds the applicant to have become entitled to the new license or registration.

(g) To accomplish the objectives and carry out the duties prescribed by the Act, and this chapter the Director may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of investigation or inquiry, promulgate rules and regulations, and prescribe forms as may be necessary.

(h) Whenever it appears to the Director that a person has engaged in, is engaging in, or is about to engage in, any practice declared to be unlawful by the Act and this chapter, or whenever the Director believes it to be in the public interest that an investigation should be made to ascertain whether a person has engaged in, is engaging in, or is about to engage in, any unlawful practice, the Director may:

1. Require the person to file, on forms prescribed by the Director, a written statement or report, under oath or otherwise, concerning the facts and circumstances regarding the practice which is under investigation;

2. Examine under oath any person in connection with the practice under investigation;

3. Examine any record, book, document, account, contract, or paper as he or she deems necessary; and

4. Pursuant to an order of the Superior Court, impound any record, book, document, account, contract, or paper that is produced in accordance with the Act and this chapter, and retain it until the completion of all proceedings in connection with the materials produced.

(i) Service by the Director of any notice requiring a person to file a statement or report, or of any subpoena upon the person, shall be made personally within this State, but if this cannot be done, substituted service may be made in the following manner;

1. Personal service outside this State;

2. The mailing by registered or certified mail to the last known place of business or residence inside or outside the State of the person;

3. As to any person other than an individual, in accordance with the Rules Governing the Courts of the State of New Jersey pertaining to service of process, provided, however, that service shall be made by the Director; or

4. Any service as the Superior Court may direct in lieu of personal service within the State.

(j) If a person fails or refuses to file any statement or report requested by the Director, or obey any subpoena issued by the Director, the Director may seek and obtain an order from the Superior Court:

1. Adjudging the person in contempt of court;

2. Granting injunctive relief, without notice, restraining any and all acts and practices for which a license is required in the provisions of the Act and this chapter;

3. Directing the payment of reasonable attorneys' fees and costs of the investigation and suit; and

4. Granting any other relief as may be required, until the person files the statement or report, or obeys the subpoena.

(k) Whenever it appears to the Director that a person has engaged in, is engaging in, or is about to engage in, any practice, which is a violation of the provisions of the Act or this chapter, the Director may seek and obtain in a summary action in the Superior Court an injunction prohibiting the person from continuing the practices or engaging therein or doing any acts in furtherance thereof.

1. In addition to any other remedy, the court may: enjoin an individual from managing or owning any business organization within this State, and from serving as an officer, director, trustee, member of any executive board of similar governing body, principal, manager, stockholder owning 10 percent or more of the aggregate outstanding capital stock of all classes of any corporation doing business in this State; vacate or annul the character of a corporation created by or under the laws of this State; revoke the certificate of authority to do business in this State of a foreign corporation; and revoke any licenses issued pursuant to law to the person of any unlawful practices, or which may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any practices declared to be unlawful.

(l) Whenever it appears to the Director that a person has engaged in, is engaging in, or is about to engage in, any practice, which is a violation of the Act or this chapter, the Director may hold hearings on the violation and upon finding the violation to have been committed, may enter an order:

1. Directing the person to cease and desist or refrain from committing the practice in the future;

2. Directing the person to restore to any person in interest any moneys or property, real or personal that may have been acquired by means of any unlawful practice;

3. Assessing reasonable attorneys' fees and costs of investigation and suit; and

4. Directing the person to reimburse the job seeker for transportation expenses if no employment of the kind applied for exists at the place to which the job seeker is sent and the person did not have a bona fide order, either oral or written, from the prospective employer.

(m) Whenever it appears to the Director that a person against whom a cease and desist order has been entered has violated the order, the Director may bring a summary proceeding in the Superior Court based upon the violation. A person found to have violated a cease and desist order shall be liable for civil penalties in the amount of not less than $ 1,000 or more than $ 25,000 for each violation of the order, together with reasonable attorneys' fees and cost of investigation and suit. If any person fails to pay a civil penalty imposed by the court for violation of a cease and desist order, the court imposing the penalty is authorized, upon application of the Director, to grant any relief which may be obtained under any statute or court rule governing the collection and enforcement of penalties.

(n) In addition to any other penalty provided by law, a person who violates any of the provisions of the Act or this chapter shall be liable for a penalty of not more than $ 2,000 for the first offense and not more than $ 5,000 for the second and each subsequent offense. A person who violates the CFA shall be subject to the penalties provided by that statute.

(o) In any action or proceeding brought under the Act or this chapter the Director may recover reasonable attorneys' fees and costs of investigation and suit.

(p) Upon the failure of a person to comply within 10 days after service of any order of the Director directing payment of penalties, costs, attorneys' fees, reimbursement, or restoration of moneys or property, the Director may issue a certificate to the Clerk of the Superior Court that the person is indebted to the State for these payments. A copy of the certificate shall be served upon the person against whom the order was entered. The clerk shall immediately enter upon his record of docketed judgments the name of the person so indebted, a designation of the statutes under which the payments are imposed, the amount of each payment imposed, and a listing of property ordered restored, and the date of the certification. The entry shall have the same force and effect as the entry to the docketed judgment in the Superior Court. The entry, however, shall be without prejudice to the right of appeal to the Appellate Division of the Superior Court from the final order of the Director.

N.J. Admin. Code § 13:45B-16.1

Recodified from N.J.A.C. 13:45B-13.1 by R.2008 d.92, effective 4/21/2008.
See: 40 N.J.R. 91(b), 40 N.J.R. 2118(a).
Amended by R.2008 d.254, effective 8/18/2008.
See: 40 N.J.R. 1762(a), 40 N.J.R. 4819(a).
In (a) and (b), substituted "Act" for "Bureau of Employment and Personnel Services Act, N.J.S.A. 34:8-43 et seq." and "CFA" for "Consumer Fraud Act, N.J.S.A. 56:8-1 et seq."; in (e), deleted "Employment and Personnel Services" preceding "Act", and inserted a comma following "professional groups"; in (f), substituted the final occurrence of "applicant" for "application"; in the introductory paragraphs of (k) and ( l), inserted a comma following "practice", and substituted "or" for "and" following "Act"; in ( l)2, inserted "to" following "restore", and substituted "that" for ", which"; and in (n), substituted "who" for "which", and inserted the last sentence.