N.J. Admin. Code § 5:19-13.2

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

Section 5:19-13.2 - Complaints and investigations; violations; enforcement; penalties

(a) Any person may, at any time, file a complaint with the Department concerning any matter subject to the Act or these rules. Said complaint may be written or oral. Nothing contained herein shall prevent the Department from instituting an investigation on its own initiative.

(b) If the Department determines or has cause to believe that a person has engaged in any act or practice which constitutes a violation of P.L. 1986, c. 103 (52:27D-330et seq.) or P.L. 2013, c. 167 (52:27D-360.1et al.), the Department may take any or all of the following actions, as appropriate:

1. Issue a temporary cease and desist order upon the determination by the Department in writing, and based upon a finding of fact, that the public interest will be irreparably harmed by delay in issuing an order, including therein a provision that, upon written request made within five business days following issuance of the order, a hearing will be held within 10 days of that request to determine whether or not the temporary cease and desist order shall become permanent. A copy of any temporary or permanent cease and desist order shall be sent to the person by certified mail;

2. Issue an order requiring such affirmative action as, in the judgment of the Department, will carry out the purposes of the Act or these rules;

3. Bring an action in the Superior Court to enjoin the act or practice and to enforce compliance with P.L. 1986, c. 103 (52:27D-330et seq.) and P.L. 2013, c. 167 (52:27D-360.1et al.) if it appears that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of P.L. 1986, c. 103 (52:27D-330et seq.) or P.L. 2013, c. 167 (52:27D-360.1et al.), or a rule or order of the Department. 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

4. Levy and collect civil penalties in the amount of not less than $ 250.00, and not more than $ 50,000, for each violation of P.L. 1986, c. 103 (52:27D-330et seq.) or P.L. 2013, c. 167 (52:27D-360.1et al.), or any rule adopted pursuant thereto or order issued thereunder, 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 of 1999," P.L. 1999, c. 274 (2A:58-10et seq.) in the Superior Court.

i. Except as set forth below, the initial penalty levied for any violation shall not exceed $ 250.00 per violation, or $ 250.00 per unit in the case of any violation of Department rules for facility certification, and a subsequent penalty for the same act or omission shall not exceed 10 times the amount of the last previous penalty or the statutory maximum, whichever is less.

ii. The limitations set forth in (b)4i above shall not apply to any violation involving either dishonesty in dealings with residents or prospective residents, or willful disregard of the rights of residents.

(c) For the purposes of actions that the Department may take under (b) above, the following shall have the same effect as a violation of P.L. 1986, c. 103 (52:27D-330et seq.) or sections 1 through 7 of P.L. 2013, c. 167 (52:27D-360.1et al.):

1. Directly, or through an agent or employee, knowingly engaging in false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of a unit;

2. Making any material change in the plan of disposition of the continuing care retirement community subsequent to the certificate of authority without obtaining prior approval from the Department;

3. Disposing of any unit, which is capable of being certified, or interest in a continuing care retirement community which has not been certified with the Department; or

4. Violating any lawful order or rule of the Department.

N.J. Admin. Code § 5:19-13.2

Recodified and amended from 5:19-9.2 by 47 N.J.R. 710(a), effective 4/6/2015.