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2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-379 - Additional funding

52:27D-379. Additional funding
The commissioner may seek, receive and make use of any funds which may be available from federal or other sources in order to augment any State funds appropriated for the purposes of this act, and shall make every effort to qualify the program for federal funding.
L. 1987, c. 50, s. 14.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-380 - Rules, regulations

52:27D-380. Rules, regulations
The commissioner is authorized to make and issue rules and regulations in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) for the effectuation of the provisions of this act.
L. 1987, c. 50, s. 15.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-382 - Purpose

52:27D-382. Purpose
The purpose of this program is to enable county colleges to establish noncredit courses, workshops and seminars to educate elected or appointed county and municipal officials concerning the performance of their public functions and responsibilities.
L. 1987, c. 214, s. 2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-383 - Duties of commissioner

52:27D-383. Duties of commissioner
The Commissioner of the Department of Community Affairs shall:
a. Establish procedures for county colleges to apply for funds under the Local Government Education Program;
b. Establish standards for the courses, workshops and seminars offered under the Local Government Education Program;
c. Coordinate activities offered under the Local Government Education Program with similar activities offered by other agencies and institutions;
d. Conduct a continuous review of the program; and
e. Prescribe any other rules and regulations necessary to effectuate the purposes of this act.
L. 1987, c. 214, s. 3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-385 - Findings, declarations

52:27D-385. Findings, declarations
The Legislature finds and declares that customary demands on municipal services and infrastructure are amplified in municipalities having high population density. The deterioration of infrastructure is especially acute in high density areas when the use of roads and sewerage facilities far exceeds their planned specifications. Heavy concentrations of population place enormous strains on police, fire, and emergency services, health services, transportation systems, infrastructure, and sanitation facilities that cannot be adequately addressed in any municipal budget without excessively taxing already overburdened property owners. In order to maintain these systems and services at acceptable levels it is a proper State purpose to provide aid to municipalities with extreme population density to assure the health, welfare and safety of their residents.
L.1990,c.85,s.2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-386 - Definitions

52:27D-386. Definitions
3. As used in this act, "qualifying municipality" means a municipality which:
a. does not receive aid under P.L.1978, c.14 (C.52:27D-178 et seq.);
b. has a population density that exceeds six times the State population density, according to the most recent State population and area estimates reported by the New Jersey Department of Labor, Division of Labor Market and Demographic Research, except that in the year of receipt by the Governor of a federal decennial census, the census figures shall be used;
c. has a population that exceeds 7,500 residents; and
d. is located in any of the five most densely populated counties, according to the most recent State population estimates reported by the New Jersey Department of Labor, Division of Labor Market and Demographic Research, except that in the year of receipt by the Governor of a federal decennial census, the census figures shall be used.
L.1990,c.85,s.3; amended 2021, c.369, s.10.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-387 - Levels of qualifying municipalities

52:27D-387. Levels of qualifying municipalities
Qualifying municipalities shall be grouped into three levels for the purposes of allocating funds pursuant to this act, as follows:
Level I - Qualifying municipalities having a population of 30,000 or more located in a first class county.
Level II - Qualifying municipalities having a population between 7,500 and 30,000 located in a first class county.
Level III - Qualifying municipalities located in a second class county.
L.1990,c.85,s.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-388 - Allocation to qualifying municipalities

52:27D-388. Allocation to qualifying municipalities
There shall be allocated to each level of qualifying municipalities a portion of the funds appropriated for the purposes of this act, as follows:
Level I - 32.5% of the funds so appropriated;
Level II - 57.5% of the funds so appropriated; and
Level III - 10% of the funds so appropriated.
In allocating funds to Level II qualifying municipalities, there shall be additionally allocated any portion of the amount allocated to Level I qualifying municipalities which is not apportioned to those municipalities pursuant to section 6 of this act.
L.1990,c.85,s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-389 - Formula for allocation

52:27D-389. Formula for allocation
Within each level of qualifying municipalities, the share of each qualifying municipality of the funds allocated to that level shall be determined by the following formula:
MS = (RD / ARD) x F
Where:
MS is the share, not to exceed $3,900,000, to be received by the qualifying municipality of the amount allocated to that level;
F is the amount allocated to that level;
ARD is the aggregate of the residential densities of all qualifying municipalities included in that level; and
RD is residential density for a qualifying municipality which shall be determined as follows:
RD = P x D x R2
Where:
P is the population of the qualifying municipality;
D is the population density of the qualifying municipality; and
R is the percentage, multiplied by 100, of the aggregate assessed valuation of the qualifying municipality which is residential (Class 2) and apartments (Class 4c) property.
L.1990,c.85,s.6. (*When "R2" is mentioned, read "2" as an exponent, thereby squaring the value of "R".)
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-390 - Determination

52:27D-390. Determination
The State Treasurer shall annually, on or before November 1, make a determination of the qualifying municipalities and determine the amount of funds to be apportioned to each qualifying municipality for the next succeeding local budget year. The State Treasurer shall thereupon notify the Director of the Division of Local Government Services in the Department of Community Affairs and the chief financial officer of each qualifying municipality of the amount so determined.
L.1990,c.85,s.7.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-392 - Reduction in property tax level

52:27D-392. Reduction in property tax level
The funds to be received by a qualifying municipality pursuant to this act shall be appropriated by the municipality in compliance with the "Local Budget Law," N.J.S.40A:4-1 et seq. Notwithstanding any provisions of the "Local Budget Law," any qualifying municipality may anticipate in its budget for the next succeeding year the receipt of the amount determined by the State Treasurer pursuant to section 7 of this act and may file such amendments or corrections in its local budget as may be required to properly reflect the amount. A qualifying municipality shall apply all such revenues to the reduction of the local property tax levy. The chief financial officer of each qualifying municipality shall demonstrate in a written report, appended to the local budget submitted to the Director of the Division of Local Government Services, that the amount to be raised by property taxation for the local budget year in which funds are to be received has been reduced by an amount equal to the amount to be received pursuant to this act.
L.1990,c.85,s.9.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-393 - Approval of budget

52:27D-393. Approval of budget
The Director of the Division of Local Government Services shall not approve the budget of any qualifying municipality if the director determines that the funds received pursuant to this act have not been used to reduce the local property tax levy.
L.1990,c.85,s.10.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-394 - Appropriation

52:27D-394. Appropriation
Commencing with State fiscal year 1992, the Legislature shall annually appropriate the sum of $33,000,000 for the purpose of reducing the local property tax levy in qualifying municipalities.
L.1990,c.85,s.11.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-396 - Findings, declarations

52:27D-396. Findings, declarations
The Legislature finds and declares that:
a. Although the economic well-being and prosperity of this State has surpassed most states in the United States and although these benefits are widely shared throughout the State, poverty continues to affect a substantial number of residents;
b. New Jersey can accomplish its full economic and social potential only if every individual has the opportunity to contribute to the full extent of each individual's capabilities and to participate in the workings of our society;
c. One method to achieve these goals is to combine the resources of the private, public, and social service sectors of this State through the efforts of community action agencies;
d. These community action agencies provide a range of services related to the needs of low-income persons and helping families and individuals overcome particular problems in order to develop self-sufficiency;
e. In addition, these agencies develop and implement programs and projects designed to ensure maximum participation by the residents of the communities served, so as to stimulate and take full advantage of the capabilities of the residents and assure that those programs and projects are otherwise meaningful and widely utilized by their intended beneficiaries;
f. It is, therefore, in the interest of this State to recognize and support the work of community action agencies as these agencies provide efficient and effective means to prevent and eliminate poverty, and so, promote the well-being and prosperity of this State.
L.1991,c.51,s.2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-398 - Establishment of community action board

52:27D-398. Establishment of community action board
a. A community action agency shall establish a community action board to administer the agency and its functions. The agency shall promulgate bylaws which shall include the number of members to be appointed to the board, the length of each term, and the methods by which the board members shall be appointed. At least one-third of the board members shall be elected officials, including chief elected officials, or their designees. When the number of elected officials available and willing to serve equals less than one-third of the membership, appointed public officials may be appointed to meet the requirements. At least one-third of the board members shall be low-income persons appointed by democratic selection procedures. The remainder of the board shall be officials or members of business, industry, labor, religious, welfare, education groups or other community-interest groups. Any board member appointed to serve and represent a specific geographic area shall be a resident of that area. Any vacancy in a board position shall be filled in the same manner as the original appointment.
b. The agency may establish a subsidiary board, council or similar entity to be responsible for budget determinations for community action programs serving certain geographic areas and the members appointed to any such entity shall represent the various community interests of that geographic area.
L.1991,c.51,s.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-399 - Purposes of community action agency

52:27D-399. Purposes of community action agency
A community action agency shall have the following purposes:
a. To research and collect information concerning the obstacles in the community that prevent the self-sufficiency of all residents, including, but not limited to, unemployment, lack of services, substandard housing and lack of resources;
b. To establish community action programs to eradicate these obstacles and improve the opportunities for low-income persons;
c. To develop, operate and evaluate cost-effective service models and innovative program approaches to address community problems;
d. To determine the level of assistance necessary to effectively fund the community action programs, coordinate the available resources in a cost-efficient manner, and assist community residents in securing available assistance;
e. To work with, and encourage the involvement of, neighborhood organizations, in the community action programs;
f. To involve low-income persons and other community residents in the development and implementation of community action programs; and
g. To encourage public and private organizations to cooperate and participate in community action programs and to stimulate these organizations to develop new employment opportunities and services for low-income persons in the community.
L.1991,c.51,s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-400 - Goals of community action programs.

52:27D-400. Goals of community action programs.
6. Community action programs shall have, but not be limited to, the following goals:
a. Securing and retaining employment, attaining adequate education and obtaining decent and affordable housing for community residents;
b. Assisting community residents in improving the allocation of available income;
c. Promoting family planning, consistent with personal and family goals;
d. Securing services for the prevention of substance use disorder and for the rehabilitation of persons with a substance use disorder;
e. Obtaining emergency assistance to meet individual and family needs including health, housing, employment and energy assistance services; and
f. Increasing the participation of community residents in community affairs.
L.1991,c.51,s.6; amended 2023, c.177, s.148.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-401 - Powers of community action agency

52:27D-401. Powers of community action agency
A community action agency shall have the following powers:
a. To adopt bylaws;
b. To implement and administer community action programs;
c. To enter into any agreement or contract with any public, private nonprofit or profit-making agency or organization to assist in fulfilling the agency's purposes and functions;
d. To receive and accept, from any public or private source, funds or real or personal property;
e. To appoint and employ personnel as deemed necessary;
f. To transfer funds and delegate powers to other organizations or agencies, as permitted by its community action board;
g. To carry out any requirement or power permitted by federal law; and
h. To take such other steps as may be necessary or appropriate to provide assistance or benefits to the low-income community it serves.
L.1991,c.51,s.7.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-404 - Distribution of State Funds

52:27D-404. Distribution of State Funds
In the event that Community Services Block Grant Act funds are no longer available, and if State funds are then made available to the commissioner for the community action agencies, then those funds shall be distributed according to the provisions of the Community Services Block Grant Act State plan for distribution of funding resources to the community action agencies.
L.1991,c.51,s.10.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-405 - Rules, regulations

52:27D-405. Rules, regulations
The commissioner shall adopt any rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as are deemed necessary to effectuate the purposes of this act, including the promulgation of fiscal control and fund accounting procedures to assure the proper management of, and accounting for, any federal and State funds received by a community action agency.
L.1991,c.51,s.11.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-408 - Comprehensive public awareness program; task force

52:27D-408. Comprehensive public awareness program; task force
3. a. The commissioner shall establish a comprehensive public awareness program to inform the general public and social service agencies as to the nature of abuse, neglect and exploitation, the method for their reporting, and information about the protective services available for vulnerable adults who need them. This comprehensive public awareness program shall be a collaborative effort with existing public awareness and training efforts, including but not limited to, those mandated pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.), the Safe Housing and Transportation program and the "Older Americans Act of 1965," Pub. L. 89-73 (42 U.S.C. s.3001 et seq.).
b. A task force shall be established in the department to facilitate the collaboration required for the public awareness program. The task force shall meet at least quarterly to develop initiatives. The task force shall include a representative from each of the following: the Department of Human Services, the Department of Community Affairs, the Administrative Office of the Courts, an agency funded to administer training initiatives under this act, an agency funded to administer training initiatives under the "Older Americans Act of 1965," an agency that delivers protective services and the New Jersey Association of Area Agencies on Aging.
L.1993,c.249,s.3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-409 - Report of suspected abuse, neglect, exploitation.

52:27D-409 Report of suspected abuse, neglect, exploitation.
4. a. (1) A health care professional, law enforcement officer, firefighter, paramedic or emergency medical technician who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect or exploitation shall report the information to the county adult protective services provider.
(2) Any other person who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect or exploitation may report the information to the county adult protective services provider.
b. The report, if possible, shall contain the name and address of the vulnerable adult; the name and address of the caretaker, if any; the nature and possible extent of the vulnerable adult's injury or condition as a result of abuse, neglect or exploitation; and any other information that the person reporting believes may be helpful.
c. A person who reports information pursuant to this act, or provides information concerning the abuse of a vulnerable adult to the county adult protective services provider, or testifies at a grand jury, judicial or administrative proceeding resulting from the report, is immune from civil and criminal liability arising from the report, information, or testimony, unless the person acts in bad faith or with malicious purpose.
d. An employer or any other person shall not take any discriminatory or retaliatory action against an individual who reports abuse, neglect or exploitation pursuant to this act. An employer or any other person shall not discharge, demote or reduce the salary of an employee because the employee reported information in good faith pursuant to this act. A person who violates this subsection is liable for a fine of up to $1,000.
e. A county adult protective services provider and its employees are immune from criminal and civil liability when acting in the performance of their official duties, unless their conduct is outside the scope of their employment, or constitutes a crime, actual fraud, actual malice, or willful misconduct.
L.1993, c.249, s.4; amended 2009, c.276, s.2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-410 - Access for reporting abuse, neglect, exploitation; evaluation

52:27D-410. Access for reporting abuse, neglect, exploitation; evaluation
5. a. A county adult protective services provider shall provide access for reporting abuse, neglect and exploitation. Information shall also be available to a person who reports abuse, neglect or exploitation on ways to access emergency assistance.
b. The county adult protective services provider upon receiving a report that a vulnerable adult is being or has been the subject of abuse, neglect or exploitation, shall initiate a prompt and thorough evaluation of the report within 72 hours.
c. If the county adult protective services provider is prevented from conducting an evaluation of a report of abuse, neglect or exploitation, the county adult protective services provider may petition a court of competent jurisdiction for an order to conduct the evaluation.
d. An evaluation conducted pursuant to this act shall be conducted by a person with appropriate training and experience as set forth by regulation. The evaluation shall be based upon a visit with the vulnerable adult about whom the report was made and upon consultation with others who have knowledge of the particular case to determine whether protective services are needed and what action, if any, is required.
e. Records of public agencies, private organizations, banks and other financial institutions, medical institutions and practitioners, which the county director or his designee reasonably believes to be necessary to complete the evaluation, shall be made available to the county adult protective services provider.
L.1993,c.249,s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-411 - Determination of need for protective services; referrals

52:27D-411. Determination of need for protective services; referrals
6. a. If a determination is made by the county adult protective services provider that there is reasonable cause to believe that the vulnerable adult has been the subject of abuse, neglect or exploitation, the county adult protective services provider shall determine the need for protective services. If the vulnerable adult or his legal guardian consents, the county adult protective services provider shall provide or arrange for appropriate protective services, as may be available. The county adult protective services provider shall also make formal referrals to State, county, and local agencies, hospitals and organizations, including county offices on aging for clients age 60 and over, for services which the county adult protective services provider is unable to provide directly. The county protective services provider shall follow up on referrals to determine whether services are being provided.
b. A county protective services provider may refer a person who needs protective services and who, because of a developmental disability or mental illness, is in need of specialized care, treatment or services, to the Division of Developmental Disabilities or the Division of Mental Health and Hospitals in the Department of Human Services, as appropriate. These divisions shall consider referrals from the county adult protective services providers on a priority basis and assist in providing the specialized services needed to protect abused, neglected, or exploited vulnerable adults, including those 60 years and over.
L.1993,c.249,s.6.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-412 - Petition for order enjoining caretaker from interfering with provision of services

52:27D-412. Petition for order enjoining caretaker from interfering with provision of services
7. a. If the vulnerable adult's caretaker or any other person interferes with the provision of protective services, the county adult protective services provider shall petition the court for an order enjoining the caretaker or other person from interfering with the provision of services. Any other party concerned with the welfare of the vulnerable adult may also petition the court for an order enjoining the caretaker or any other person from interfering with the provision of services.
b. The petition shall present facts to show that the vulnerable adult is in need of protective services, and that, although the vulnerable adult or his guardian consents to the receipt of services, the adult's caretaker or other person has interfered with the provision of services. If the judge finds that the vulnerable adult requires protective services and that the vulnerable adult, or his guardian, consents to the services, and the vulnerable adult has been prevented from receiving the protective services by his caretaker or other person, the judge shall issue an order enjoining the caretaker or other person from further interference.
L.1993,c.249,s.7.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-415 - Permanent changes in living situation not authorized

52:27D-415. Permanent changes in living situation not authorized
10. Permanent changes in the living situation of an abused, neglected or exploited vulnerable adult shall not be made under authority of this act. If a permanent change in the living situation or nonemergency medical treatment are necessary, the appropriate guardianship, conservatorship or civil commitment action shall be initiated by the county adult protective services provider pursuant to applicable State law.
L.1993,c.249,s.10.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-416 - Legal action

52:27D-416. Legal action
11. In order to protect a vulnerable adult, the county director or his designee may initiate appropriate legal action including, but not limited to, petitioning for guardianship or conservatorship.
L.1993,c.249,s.11.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-417 - Motion for review of court order

52:27D-417. Motion for review of court order
12. The vulnerable adult, or individual or organization designated responsible for the provision of protective services for the vulnerable adult, has the right to bring a motion for review of a court order issued pursuant to this act, notwithstanding a finding by the court of a lack of capacity to consent to protective services.
L.1993,c.249,s.12.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-419 - Report of alleged criminal act

52:27D-419. Report of alleged criminal act
14. If the county director or his designee has reasonable cause to believe that a caretaker or other person has committed a criminal act against a vulnerable adult including, but not limited to, P.L.1989, c.23 (C.2C:24-8), he shall immediately report the information to local law enforcement officials or the prosecutor of the county in which the alleged criminal act was committed. If the report is made orally, a written report shall follow in a timely manner.
L.1993,c.249,s.14.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-420 - Confidentiality of records, communications

52:27D-420. Confidentiality of records, communications
15. All records and communications pertaining to any report, evaluation, or service provided pursuant to this act are confidential. All third party information, together with the identities of the reporters, witnesses and the adults allegedly in need of protective services are confidential, except disclosures which may be necessary for the commissioner or the county adult protective services provider to perform his duties and to support any findings that may result from the evaluation of a report.
L.1993,c.249,s.15.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-421 - Central registry

52:27D-421. Central registry
16. The commissioner shall establish a central registry for the receipt and maintenance of all reports of suspected abuse, neglect and exploitation of vulnerable adults. The department shall compile and maintain in the central registry demographic data on vulnerable adults, Statewide statistics related to abuse, neglect and exploitation and other information submitted by county adult protective services providers.
L.1993,c.249,s.16.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-422 - Training program

52:27D-422. Training program
17. The commissioner or his designee shall establish a training program for county protective services provider staff which shall be offered at least annually and shall include a minimum of 90 classroom hours. This training shall be required during the first year of employment with an adult protective services provider.
L.1993,c.249,s.17.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-423 - Rules, regulations

52:27D-423. Rules, regulations
18. The commissioner shall adopt rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be deemed necessary to effectuate the purposes of this act. The rules and regulations shall include but, not be limited to:
a. Procedures for intervention and gaining access by a county protective services provider to a vulnerable adult who is the subject of a report of abuse, neglect or exploitation, including the safeguarding of that person's civil liberties;
b. Procedures for the reporting, collection, retention and use of information secured at the county and State levels to effectuate this act;
c. Procedures for maintaining confidentiality when required or when deemed necessary;
d. Procedures for the review and evaluation of the performance of a county protective services provider; and
e. Procedures for the reallocation of State funds by the director or his designee if programs and services do not meet the requirements of this act or rules established by the commissioner.
L.1993,c.249,s.18.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-424 - Annual report

52:27D-424. Annual report
19. The commissioner shall report annually to the Governor and the Legislature on the effectiveness of this act, and make recommendations for the prevention and alleviation of the abuse, neglect and exploitation of vulnerable adults.
L.1993,c.249,s.19.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-425 - Nonapplicability of act

52:27D-425. Nonapplicability of act
20. Nothing in this act shall be deemed or construed to limit or preempt the provisions of P.L.1977, c.239 (C.52:27G-1 et seq.) regarding the institutionalized elderly.
L.1993,c.249,s.20.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-426 - Transfer of funding, programs, positions.

52:27D-426 Transfer of funding, programs, positions.
21. a. All funding, programs, and positions created to provide adult protective services are continued and shall be transferred to the Department of Human Services. The Department of Community Affairs shall provide the Department of Human Services with such information as the Department of Human Services requires to fulfill its federal funding and reporting requirements.
b. The transfers directed by this act shall be made in accordance with the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
L.1993, c.249, s.21; amended 2012, c.17, s.425.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-429 - Certification regulations

52:27D-429. Certification regulations
16. The certification required pursuant to section 15 of P.L.1993, c.288 (C.52:27D-428) shall be for a period not to exceed two years and shall not be transferable. A business firm may apply for recertification during the 90-day period before the certification expiration date, or the 90-day period after the certification expiration date; except that if a business firm applies after the certification expiration date, the firm shall not perform any services for which certification is required until the certification is renewed. If a certification has expired for more than 90 days, the business firm is required to obtain a new certification.
A copy of the certification shall be conspicuously displayed for public review in the business office of a business firm engaged in the business of abating lead-based paint hazards or conducting lead evaluations. Additionally, the certification number shall be displayed on all business vehicles and at all lead abatement or lead evaluation jobs in progress.
A certification or recertification shall not be issued until a certification fee has been paid in full to the department. The commissioner shall establish application and certification fees by regulation pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in an amount sufficient to cover the costs to the department of administering and enforcing the provisions of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437).
L.1993,c.288,s.16.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-430 - Regulations, requirements, guidelines

52:27D-430. Regulations, requirements, guidelines
17. The commissioner may adopt regulations, including amendments to the Uniform Construction Code, N.J.A.C.5:23-1.1 et seq., prescribing standards, including appropriate training and certification requirements, governing safe practices for construction work that, although not a lead abatement, may create a lead hazard to an occupant of a building or structure. In addition, the commissioner may adopt any applicable requirements or guidelines established by federal law or regulation.
L.1993,c.288,s.17.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-431 - Enforcement by commissioner, representative

52:27D-431. Enforcement by commissioner, representative
18. Sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437) shall be enforced by the commissioner or his representative who shall have the right of entry to all premises at which the department has reason to believe that lead abatement or evaluation activities may have taken place or are taking place or to any premises used or occupied by a business firm subject to sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437); and the right to review any records for the purposes of inspection or investigation.
L.1993,c.288,s.18.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-432 - Denial, suspension, conditions upon, revocation, refusal to renew certification

52:27D-432. Denial, suspension, conditions upon, revocation, refusal to renew certification
19. a. The department may deny, suspend, impose conditions upon, revoke, or refuse to renew a certification for good cause, including:
(1) violating, or abetting another to commit a violation of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437);
(2) making a false statement on an application for certification, or in providing other information required by the department;
(3) misrepresentation of qualifications, or fraudulently obtaining certification;
(4) engaging in practices during lead abatement work contrary to safe procedures established therefor; and
(5) employing persons to perform lead abatement or lead evaluation work who are not certified pursuant to section 3 of P.L.1993, c.288 (C.26:2Q-3) to perform such work.
b. A business firm whose application or certification is denied, suspended, conditionally issued, revoked, or not renewed is entitled to a hearing pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
c. Denial of, suspension of, the imposition of conditions upon, revocation of, or refusal to renew a certification shall not limit the department from pursuing against the applicant or certificate holder any other lawful remedy available to the department.
d. A business firm whose certification has been revoked shall be ineligible to apply for certification for three years from the date of revocation. This ineligibility shall extend to any other business firm having any proprietor, officer, director, general partner, or shareholder or limited partner with at least a 10% interest, in common with the business firm whose certification was revoked.
L.1993,c.288,s.19.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-433 - Civil actions for injunctive relief to enforce, prevent violations

52:27D-433. Civil actions for injunctive relief to enforce, prevent violations
20. If the department has reason to believe that a condition exists that poses an imminent threat to the public health, safety or welfare, the department may initiate a civil action in a court of competent jurisdiction for injunctive relief to enforce or prevent a violation of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437). The court may proceed in the action in a summary manner.
L.1993,c.288,s.20.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-434 - Violators guilty of disorderly persons offense, corporate liability

52:27D-434. Violators guilty of disorderly persons offense, corporate liability
21. Any person who knowingly or purposely:
a. hinders or delays the department in the enforcement of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437);
b. fails to obtain certification required by sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437);
c. refuses to make his certification accessible to the commissioner; or
d. otherwise violates any provision of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437); is guilty of a disorderly persons offense. If the person is a corporation, all officers, directors, and shareholders owning at least a 10% interest in the corporation may be held liable for any violation by the corporation pursuant to this section.
L.1993,c.288,s.21.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-435 - Imposition of administrative civil penalty, violation defined

52:27D-435. Imposition of administrative civil penalty, violation defined
22. As an alternative, or in addition to the provisions of section 21 of P.L.1993, c.288 (C.52:27D-434), the commissioner may, subject to notice and hearing, impose an administrative civil penalty for a violation set forth in this section not to exceed $1,000 for the first offense and $5,000 for each subsequent offense. If the violation is of a continuing nature, each day it continues constitutes an additional and separate violation.
The penalty may be sued for and recovered by and in the name of the commissioner in a civil action in a court of competent jurisdiction by a summary proceeding under "the penalty enforcement law," N.J.S.2A:58-1 et seq. For the purposes of this act, the Superior Court and the municipal court shall have jurisdiction to enforce the provisions of "the penalty enforcement law."
The department may compromise and settle a claim for a penalty under this section in such amount as the department determines to be appropriate and equitable.
a. As used in this section, a violation shall include the:
(1) obstructing, hindering, delaying or interfering by force or otherwise with the commissioner in the exercise of any power or the discharge of any function or duty pursuant to the provisions of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437);
(2) preparing, uttering or rendering of any false statements, reports, documents, plans or specifications permitted or required pursuant to sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437); or
(3) refusal or failure to comply with a ruling, action, order or notice of the commissioner pursuant to sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437).
b. A person shall be deemed to have violated or caused to be violated the provisions of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437) if an officer, agent or employee under his control has violated or caused to be violated any provision of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437).
c. If a person subject to sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437) is a corporation, all officers, directors and shareholders having at least a 10% interest shall be jointly and individually liable for any violation by the corporation.
L.1993,c.288,s.22.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-436 - Regulations, requirements, guidelines

52:27D-436. Regulations, requirements, guidelines
23. The department, in consultation with the Department of Health, shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to implement the provisions of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437), including regulations prescribing standards for the performance of lead abatement work. Additionally, the commissioner may adopt any applicable requirements or guidelines established by federal law or regulation, including any requirements or guidelines that apply to homeowners or other property owners, notwithstanding that the requirements or guidelines may be inconsistent with the provisions of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437).
L.1993,c.288,s.23.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-437 - Delegation of administrative, enforcement duties, functions

52:27D-437. Delegation of administrative, enforcement duties, functions
24. The department shall delegate, by rule or by interagency agreement pursuant to R.S.52:14-4, to the Department of Labor, its administrative and enforcement duties and functions pursuant to the provisions of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437) relating to the certification of business firms to perform lead evaluation or abatement work on public buildings, commercial buildings, bridges or any other buildings or structures that do not contain dwelling units. When the Department of Labor receives such a delegation, the Department of Labor shall be reimbursed by the department in an amount that is sufficient to cover the costs incurred by the Department of Labor in administering and enforcing the provisions of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437). The costs incurred by the Department of Labor in administering and enforcing this act shall be annually certified by the Director of the Office of Management and Budget in the Department of the Treasury. The Department of Community Affairs shall have ultimate responsibility for ensuring that lead evaluation and abatement work on all buildings and structures conforms to the requirements of sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437).
L.1993,c.288,s.24.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-437.2 - Findings, declarations relative to lead hazard control.

52:27D-437.2 Findings, declarations relative to lead hazard control.
2. The Legislature finds and declares:
a. Lead is an element that has been used over the years in many products. The toxicity of lead has been known for several decades, causing its inclusion in products such as gasoline and residential paint to be banned by the federal government.
b. All animals and people can be negatively affected by lead, depending upon the amount, duration, and promptness of treatment. The range of health effects includes reduced stature, miscarriage, hypertension, and, most notably, neurological damage, particularly in children whose brains are developing.
c. Although a number of sources of lead exposure have been brought under control, environmental and public health professionals believe that the toxic metal lead is the number one environmental hazard facing children today. A substantial majority of lead exposure is derived from lead-based paint and dust.
d. Because of the age of New Jersey's housing stock, our State is among the states with the most serious risk of exposure from previous residential use of lead-based paint. It is estimated that there are about two million homes which were constructed in New Jersey prior to 1978, the year in which the sale of lead in paint for residential use was banned.
e. A comprehensive program to identify lead hazards in residential housing and also to identify housing which is safe from exposure to lead hazards is necessary in order to eradicate the major source of lead exposure to our State's children. The Legislature further finds that children living in rental housing are particularly at risk to exposure from lead because tenants do not have the requisite control over rental units to abate lead hazards from the property. Therefore, the comprehensive program will emphasize methods to safeguard children residing in rental housing and require the State to track the progress of making all of New Jersey's rental housing stock more lead safe.
L.2003,c.311,s.2.