reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27E-80 - Severability

52:27E-80. Severability
69. If any section, subsection, paragraph, sentence or other part of P.L.1994, c.58 (C.52:27E-50 et al.) is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of P.L.1994, c.58 (C.52:27E-50 et al.), but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of P.L.1994, c.58 (C.52:27E-50 et al.) directly involved in the controversy in which said judgment shall have been rendered.
L.1994,c.58,s.69.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-12 - Definitions.

52:27EE-12 Definitions.
12. Definitions.
As used in sections 27, 32, 33, 48, 50, 51 and 64 of P.L.2005, c.155 (C.52:27EE-27, C.52:27EE-32, C.52:27EE-33, C.52:27EE-48, C.52:27EE-50, C.52:27EE-51 and C.52:27EE-64):
"consumer insurance rate increases" means prior approval rate increases for: personal lines property casualty coverages; Medicare supplemental coverages; or a rating system change pursuant to section 14 of P.L.1997, c.151 (C.17:29A-46.1 et seq.);
"correctional facility" means a jail, prison, lockup, penitentiary, reformatory, training school, or other similar facility within the State of New Jersey;
"elderly" means a person age 60 years or older;
"facility" whenever referred to in section 64 of P.L.2005, c.155 (C.52:27EE-64), means any facility or institution, whether public or private, offering health or health related services for the institutionalized elderly, and which is subject to regulation, visitation, inspection, or supervision by any government agency. Facilities include, but are not limited to, nursing homes, skilled nursing homes, intermediate care facilities, extended care facilities, convalescent homes, rehabilitation centers, residential health care facilities, special hospitals, veterans' hospitals, chronic disease hospitals, psychiatric hospitals, mental hospitals, developmental centers or facilities, day care facilities for the elderly, and medical day care centers;
"indigent mental hospital admittee" means a person who has been admitted to and is a patient in a mental hospital, an institution for the care and treatment of persons with mental illness, or a similar facility, whether public or private, State, county or local, or who is the subject of an action for admission as provided by P.L.1987, c.116 (C.30:4-27.1 et seq.) and who does not have the financial ability to secure competent representation and to provide all other necessary expenses of representation;
"institutionalized elderly" means any person 60 years of age or older, who is a patient, resident or client of any facility, as described herein;
"public interest" means an interest or right arising from the Constitution, decisions of court, common law or other laws of the United States or of this State inhering in the citizens of this State or in a broad class of such citizens.
L.2005, c.155, s.12; amended 2010, c.34, s.20; 2010, c.50, s.78.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-21 - Dispute settlement office; established.

52:27EE-21 Dispute settlement office; established.
21. Dispute Settlement Office; established.
There is hereby established in the Office of the Public Defender the Dispute Settlement Office.
L.2005, c.155, s.21; amended 2010, c.34, s.21.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-22 - Dispute settlement office; services.

52:27EE-22 Dispute settlement office; services.
22. Dispute Settlement Office; services.
a. The Dispute Settlement Office may provide, in the discretion of the Public Defender, mediation and other third party neutral services in the resolution of disputes which involve the public interest and may enter into agreements or contracts to carry out any of the purposes or functions of this section. The office may assist public or private parties in resolving disputes. The office is authorized to:
(1) facilitate the resolution of disputes through the provision of mediation and other neutral dispute resolution services;
(2) establish standards for the selection, assignment, and conduct of persons acting on behalf of the office in the resolution of disputes;
(3) conduct educational programs and provide other services designed to reduce the occurrence, magnitude, or cost of disputes;
(4) design, develop, or operate dispute resolution programs, or assist in improving or extending existing dispute resolution programs;
(5) work with the business ombudsman or advocate in the New Jersey Commerce and Economic Growth Commission and take such other action as will promote and facilitate dispute resolution in the State; and
(6) coordinate and cooperate with the Office of Administrative Law so as to avoid duplication of effort and to facilitate alternate resolution of disputes that would otherwise require administrative hearings.
b. The Public Defender may establish reasonable fees to be charged to public or private parties for the provision of the educational, consultation, dispute resolution, or other services authorized herein and may apply for and accept on behalf of the State any federal, local, or private grants, bequests, gifts, or contributions to aid in the financing of any of the programs or activities of the office. The Public Defender in the name of the State shall do all that is necessary and proper to receive or to collect all moneys due to the State, including such fees, grants, bequests, gifts, or contributions, by or reimbursement for services rendered pursuant to this section.
L.2005, c.155, s.22; amended 2010, c.34, s.22.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-23 - Dispute settlement office; transfer of functions.

52:27EE-23 Dispute settlement office; transfer of functions.
23. Dispute Settlement Office; transfer of functions.
All functions, powers and duties which had been vested in the Office of Dispute Settlement in the Division of Citizen Relations in the Department of the Public Advocate are hereby transferred to and assumed by the Dispute Settlement Office of the Office of the Public Defender.
Whenever in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Dispute Settlement Office in the Department of the Public Advocate, the same shall mean and refer to the Dispute Settlement Office in the Office of the Public Defender.
L.2005, c.155, s.23; amended 2010, c.34, s.23.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-27 - Corrections Ombudsperson; jurisdiction.

52:27EE-27 Corrections Ombudsperson; jurisdiction.
27. Corrections Ombudsperson; jurisdiction.
Any person, over the age of 18 years, who is convicted of a crime under the laws of the State of New Jersey and sentenced to a correctional facility for more than 364 days is a "State-sentenced" inmate and considered to be among the individuals who may properly seek redress from the Corrections Ombudsperson concerning the conditions of their confinement.
L.2005,c.155,s.27.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-28.4 - Correspondence, communication confidential, protected.

52:27EE-28.4 Correspondence, communication confidential, protected.
11. Correspondence and communication with the corrections ombudsperson shall be confidential and protected as privileged correspondence in the same manner as legal correspondence or communication.
a. The ombudsperson shall establish confidentiality rules and procedures for all information maintained by the office.
b. The ombudsperson shall treat all matters under investigation, including the identities of recipients of ombudsperson services, complainants, and persons from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the ombudsperson to perform the duties of the office and to support any recommendations resulting from an investigation. Upon receipt of information that, by law, is confidential or privileged, the ombudsperson shall maintain the confidentiality of the information and shall not further disclose or disseminate the information except as provided by applicable federal or State law or as authorized by this section.
c. To the extent the ombudsperson reasonably believes necessary, the ombudsperson:
(1) shall reveal information obtained in the course of providing services to prevent reasonably certain death or substantial bodily harm; and
(2) may reveal information obtained in the course of providing ombudsperson services to prevent the commission of a crime.
d. If the ombudsperson believes it is necessary to reveal investigative records pursuant to subsection c. of this section, the ombudsperson shall provide a copy of what is intended to be disclosed to the department for review and application of legal exemptions prior to releasing the records to any other person. If the ombudsperson personally receives identifying information concerning a member of the corrections staff during the course of an investigation that the ombudsperson determines is unrelated or unnecessary to the subject of the investigation or recommendation for action, the ombudsperson shall not further disclose the information. If the ombudsperson determines that the disclosure is necessary to an investigation or recommendation, the ombudsperson shall contact the staff member, as well as the bargaining unit representative before any disclosure.
L.2019, c.288, s.11.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-28.5 - Prohibited actions.

52:27EE-28.5 Prohibited actions.
12. A civil action shall not be brought against any employee of the Office of the Ombudsperson for the good faith performance of responsibilities under P.L.2019, c.288.
a. A discriminatory, disciplinary, or retaliatory action shall not be taken against a department employee, subcontractor, or volunteer, an inmate, or a family member or representative of an inmate for any communication made, or information given or disclosed, to aid the office in carrying out its responsibilities, unless the communication or information is made, given, or disclosed maliciously or without good faith.
b. This section is not intended to infringe on the rights of an employer to supervise, discipline, or terminate an employee for other reasons.
L.2019, c.288, s.12.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-28.6 - Advisory board.

52:27EE-28.6 Advisory board.
13. An advisory board shall be established to advise the Office of the Corrections Ombudsperson. The Governor shall appoint three positions, the President of the Senate shall appoint three positions, and the Speaker of the General Assembly shall appoint three positions. The advisory board shall designate positions for representatives of the following areas of expertise: investigations, health care, sexual assault victims' advocacy, social work, occupational safety and health, and research and data analysis. At least one position on the advisory board shall be filled by a family member of an inmate or by a formerly incarcerated person.
L.2019, c.288, s.13.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-29 - Division of Mental Health Advocacy; established.

52:27EE-29 Division of Mental Health Advocacy; established.
29. Division of Mental Health Advocacy; established.
a. There is hereby established in the Office of the Public Defender a Division of Mental Health Advocacy to be under the supervision of the Director of the Division of Mental Health Advocacy.
b. The division is hereby designated as the State's mental health protection and advocacy agency. The division shall have all the powers necessary to carry out its responsibilities as required to qualify for federal funding as the State protection and advocacy agency.
L.2005, c.155, s.29; amended 2010, c.34, s.25.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-30 - Division of Mental Health Advocacy; objective; duties.

52:27EE-30 Division of Mental Health Advocacy; objective; duties.
30. Division of Mental Health Advocacy; objective; duties.
a. The Division of Mental Health Advocacy shall promote, advocate, and ensure the adequacy of the care received, and the quality of life experienced, by persons with mental illness, including patients, residents, and clients within the mental health facilities and programs operated, funded, or licensed by the State. In determining what elements are essential to ensure adequate care and quality of life, the division shall consider the unique medical, social, and economic needs and problems of persons with mental illness as patients, residents, and clients of facilities and as citizens and community members.
b. The director shall establish and implement procedures to elicit, receive, process, respond, and resolve complaints from patients, their families, other interested citizens, public officials, and government agencies concerning conditions in the State's mental health facilities.
L.2005,c.155,s.30.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-31 - Division of Mental Health Advocacy; class actions.

52:27EE-31 Division of Mental Health Advocacy; class actions.
31. Division of Mental Health Advocacy; class actions.
The Director of the Division of Mental Health Advocacy may represent, with the approval of the Public Defender, the interests of indigent mental hospital admittees in such disputes and litigation as will, in the discretion of the Public Defender, best advance the interests of indigent mental hospital admittees as a class on an issue of general application to them, and may act as representative of indigent mental hospital admittees with any principal department or other instrumentality of State, county or local government.
L.2005, c.155, s.31; amended 2010, c.34, s.26.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-32 - Division of Mental Health Advocacy; legal representation; medical consultation.

52:27EE-32 Division of Mental Health Advocacy; legal representation; medical consultation.
32. Division of Mental Health Advocacy; legal representation; medical consultation.
The Division of Mental Health Advocacy may provide such legal representation and medical consultation as the director deems appropriate for any indigent mental hospital admittee in any proceeding concerning the admittee's admission to, and retention in, or release from confinement in such a hospital, institution or facility.
L.2005,c.155,s.32.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-33 - Division of Mental Health Advocacy; eligibility for services.

52:27EE-33 Division of Mental Health Advocacy; eligibility for services.
33. Division of Mental Health Advocacy; eligibility for services.
Eligibility for mental health advocacy services shall be determined on the basis of the need of the client. Need shall be measured according to the financial ability of the client to engage and compensate competent private counsel and to provide all other necessary expenses of representation. Such ability shall be recognized to be a variable depending on the nature, extent and liquidity of assets and on the disposable net income of the client as compared with the nature of the case, the effort and skill required to gather pertinent information, render advice, conduct trial or render other legal services, and probable expenses to be incurred. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the division shall undertake the same provisionally, and if it is determined subsequently that the client is ineligible, the division shall so inform the client, and the client shall thereupon, with the approval of the court, be obliged to engage his or her own counsel and to reimburse the division for the cost of the services rendered to that time.
L.2005,c.155,s.33.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-34 - Division of Mental Health Advocacy; financial status of client; investigation.

52:27EE-34 Division of Mental Health Advocacy; financial status of client; investigation.
34. Division of Mental Health Advocacy; financial status of client; investigation.
The Division of Mental Health Advocacy shall make such investigation of the financial status of each mental health client as the circumstances warrant. The division, pursuant to rules and regulations promulgated by the Office of the Public Defender for this purpose, may obtain information from any public record, office of the State or of any subdivision or agency thereof on request and without payment of the fees ordinarily required by law.
L.2005, c.155, s.34; amended 2010, c.34, s.27.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-35 - Division of Mental Health Advocacy; staff.

52:27EE-35 Division of Mental Health Advocacy; staff.
35. Division of Mental Health Advocacy; staff.
a. The Director of the Division of Mental Health Advocacy may employ, with the approval of the Public Defender, such assistants on a full-time basis as are necessary to protect the rights of persons with mental illness. When exceptional circumstances arise, the director may retain, with the approval of the Public Defender, on a temporary basis such other expert assistants as are necessary pursuant to a reasonable fee schedule established in advance by the Public Defender.
b. Cases shall be assigned to staff attorneys or attorneys hired by case on a basis calculated to provide competent representation in light of the nature of the case, the services to be performed, the experience of the particular attorney and other relevant factors.
c. Employees of the Division of Mental Health Advocacy in the Department of the Public Advocate who are client services representatives or patient advocates for the mentally ill providing patient advocacy services in State or county facilities that provide inpatient care, supervision and treatment for persons with mental illness, including psychiatric facilities, and the functions of such employees, are hereby transferred to the Office of the Public Defender to be employees thereof. The Public Defender through the Division of Mental Health Advocacy shall employ such persons and continue such functions in the manner the Public Defender and the director of the division shall deem appropriate and necessary. These employees shall report to the division director and the Public Defender.
L.2005, c.155, s.35; amended 2010, c.34, s.28.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-36 - Division of Mental Health Advocacy; status of staff.

52:27EE-36 Division of Mental Health Advocacy; status of staff.
36. Division of Mental Health Advocacy; status of staff.
Independent contractors or other individuals, agencies, or entities not established in or employed by the Office of the Public Defender retained to provide protection and advocacy services to indigent mental hospital admittees, or designated to provide mental health protection and advocacy services, are not public entities or public employees for purposes of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq.
L.2005, c.155, s.36; amended 2010, c.34, s.29.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-37 - Division of Mental Health Advocacy; transfer of functions.

52:27EE-37 Division of Mental Health Advocacy; transfer of functions.
37. Division of Mental Health Advocacy; transfer of functions.
All functions, powers, and duties which had been vested in the Division of Mental Health Advocacy in the Department of the Public Advocate are hereby transferred to and assumed by the Division of Mental Health Advocacy in the Office of the Public Defender.
Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Division of Mental Health Advocacy in the Department of the Public Advocate, the same shall mean and refer to the Division of Mental Health Advocacy in the Office of the Public Defender.
L.2005, c.155, s.37; amended 2010, c.34, s.30.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-46 - Division of Rate Counsel; established.

52:27EE-46 Division of Rate Counsel; established.
46. Division of Rate Counsel; established.
There is hereby established in the Department of the Treasury the Division of Rate Counsel to be under the supervision of the Director of the Division of Rate Counsel. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Division of Rate Counsel is hereby allocated to the Department of the Treasury, but, notwithstanding this allocation, the division shall be independent of any supervision or control by the department or by any board or officer thereof.
L.2005, c.155, s.46; amended 2010, c.34, s.31.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-47 - Director of the Division of Rate Counsel; staff.

52:27EE-47 Director of the Division of Rate Counsel; staff.
47. Director of the Division of Rate Counsel; staff.
a. The Director of the Division of Rate Counsel shall be an attorney-at-law of this State, appointed by the Governor.
b. When exceptional circumstances arise, the Director of the Division of Rate Counsel, with the approval of the State Treasurer, may on a temporary basis retain such expert assistants as are necessary to protect the public interest, pursuant to a reasonable fee schedule established in advance by the Treasurer.
c. Cases shall be assigned to staff attorneys or to attorneys hired on a case by case basis calculated to provide competent representation in the light of the nature of the case, the services to be performed, the experience of the particular attorney, and other relevant factors.
L.2005, c.155, s.47; amended 2010, c.34, s.32.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-49 - Division of Rate Counsel; intent.

52:27EE-49 Division of Rate Counsel; intent.
49. Division of Rate Counsel; intent.
It is the intent of the Legislature that the resources of the Division of Rate Counsel be devoted to the maximum extent possible to ensuring adequate representation of the interests of those consumers whose interests would otherwise be inadequately represented in matters within the jurisdiction of the Division of Rate Counsel.
When the interests of consumers differ, the Director of the Division of Rate Counsel shall give priority to representing the interests of consumers whose interests the Director of the Division of Rate Counsel finds to be inadequately represented.
This section does not require the Division of Rate Counsel to represent the interests of a consumer or group of consumers if the Director of the Division of Rate Counsel determines that such representation is adverse to the overall interests of the using and consuming public.
L.2005,c.155,s.49.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-50 - Division of Rate Counsel; required notices to the division.

52:27EE-50 Division of Rate Counsel; required notices to the division.
50. Division of Rate Counsel; required notices to the division.
The Division of Rate Counsel shall receive a copy from the filer of any prior approval rate filing seeking consumer insurance rate increases, including any amendments or supplements thereto. A copy of such rate filing shall be received by the Division of Rate Counsel concurrent with any rate filing with the Commissioner of Banking and Insurance; except, however, the filer is not required to provide a copy of such rate filing with the Division of Rate Counsel if: (a) the filing is an expedited prior approval rate filing made pursuant to either section 34 of P.L.1997, c.151 (C.17:29A-46.6) or section 3 of P.L.2001, c.409 (C.17:36-5.35); or (b) the filing is made pursuant to any statutory change in coverage provided under a policy of private passenger automobile insurance; or (c) the filing is a prior approval rate filing of seven percent or less.
L.2005,c.155,s.50.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-51 - Division of Rate Counsel; public notices of certain consumer insurance rate increases.

52:27EE-51 Division of Rate Counsel; public notices of certain consumer insurance rate increases.
51. Division of Rate Counsel; public notices of certain consumer insurance rate increases.
The Division of Rate Counsel and the Department of Banking and Insurance may publish on their respective official websites, to the extent practicable, as the case may be: (a) notice of all filings for consumer insurance rate increases; (b) all requests for hearing dates for such increases; and (c) the date or dates a hearing is to be held. The Division of Rate Counsel and the Department of Banking and Insurance, pursuant to regulations established by the Division of Rate Counsel, shall establish operational links such that each respective website may be accessed from the other. Publication on the applicable website shall take place within three business days of the applicable notice of filing, request for hearing, and date or dates of hearings.
If an insurer or rating organization files for a personal lines prior approval rate increase, excluding rating system changes made pursuant to P.L.1997, c.151 (C.17:29A-46.1 et seq.), the insurer or ratings organization shall, in conjunction with such filing, notify the public of the proposed rate change; except, however, the filer is not required to notify the public of the proposed rate change if the rate increase pertains to: (a) an expedited prior approval rate filing made pursuant to either section 34 of P.L.1997, c.151 (C.17:29A-46.6) or section 3 of P.L.2001, c.409 (C.17:36-5.35); or (b) a rate filing made pursuant to any statutory change in coverage provided under a policy of private passenger automobile insurance; or (c) a prior approval rate filing of seven percent or less.
Such notice shall be communicated through regular or electronic mail to the named policy holders who use the products and services subject to the rate increase, within seven business days of the applicable filing and shall conform to a form prescribed by the Department of Banking and Insurance pursuant to regulations established in conjunction with the Rate Counsel.
L.2005,c.155,s.51.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-52 - Division of Rate Counsel; payment of expenses of division; annual utility assessment.

52:27EE-52 Division of Rate Counsel; payment of expenses of division; annual utility assessment.
52. Division of Rate Counsel; payment of expenses of division; annual utility assessment.
a. Annual utility assessment. The Division of Rate Counsel shall annually make an assessment against each public utility consistent with, but separate from, the Board of Public Utilities' assessments under the provisions of P.L.1968, c.173 (C.48:2-59 et seq.). All assessments due and owing to the Division of Rate Counsel as of the effective date of P.L.2010, c.34 (C.52:27EE-86 et al.), including any assessments due and owing as of the effective date of P.L.2005, c.155 (C.52:27EE-1 et seq.) shall be deemed due and owing to the Division of Rate Counsel in, but not of, the Department of the Treasury.
b. Calculation of annual utility assessment. The annual assessment shall be equal to a percentage of the gross operating revenue of the public utilities under the jurisdiction of the Board of Public Utilities derived from intrastate operations during the preceding calendar year at a rate determined annually by the Director of the Division of Rate Counsel in the manner set forth in section 2 of P.L.1968, c.173 (C.48:2-60), except that the total amount assessed to any public utility shall not exceed 1/4 of 1 percent of the gross operating revenue subject to assessment hereunder. The minimum annual assessment under this section shall not be less than $500.
c. Levy and payment of annual assessment. The annual assessment set forth in subsections a. and b. above shall be levied by the Division of the Rate Counsel no later than August 15, and shall be paid within 30 days of mailing notice thereof and a statement of the amount by first class mail to any public utility.
L.2005, c.155, s.52; amended 2010, c.34, s.34.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-53 - Division of Rate Counsel; payment of expenses of division; annual insurance assessment.

52:27EE-53 Division of Rate Counsel; payment of expenses of division; annual insurance assessment.
53. Division of Rate Counsel; payment of expenses of division; annual insurance assessment.
a. Annual insurance assessment. The Director of the Office of Management and Budget in the Department of the Treasury shall, on or before August 15 in each year, ascertain and certify to the Commissioner of Banking and Insurance by category the total amount of expenses incurred by the State in connection with the administration of the special functions of the Division of Rate Counsel relative to the expenses of the Division of Rate Counsel in connection with the administration of insurance rate cases during the preceding fiscal year. The Department of Banking and Insurance shall make a separate special assessment on lines of insurance subject to the jurisdiction of the Director of the Division of Rate Counsel pursuant to subsection b. of section 48 of P.L.2005, c.155 (C.52:27EE-48), on an annual basis, in accordance with the formula set forth in P.L.1995, c.156 (C.17:1C-19 et seq.).
b. Calculation of annual insurance assessment. The annual assessment shall be no more than a specified aggregate amount adjusted annually for inflation, which shall be calculated and applied separately from the maximum total assessment set forth in section 13 of P.L.1995, c.156 (C.17:1C-31). The amount collected for expenses pursuant to subsection a. of this section, shall not exceed the amount appropriated by the Legislature for those expenses.
L.2005, c.155, s.53; amended 2010, c.34, s.35.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-54 - Division of Rate Counsel; transfer of powers and duties.

52:27EE-54 Division of Rate Counsel; transfer of powers and duties.
54. Division of Rate Counsel; transfer of powers and duties.
All functions, powers, and duties which had been vested in the Division of Rate Counsel in the Department of the Public Advocate are hereby transferred to and assumed by the Division of Rate Counsel in, but not of, the Department of the Treasury. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Division of Rate Counsel in the Department of the Public Advocate, the same shall mean and refer to the Division of Rate Counsel in, but not of, the Department of the Treasury.
L.2005, c.155, s.54; amended 2010, c.34, s.36.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-55 - Division of Rate Counsel; right to intervene in federal proceedings.

52:27EE-55 Division of Rate Counsel; right to intervene in federal proceedings.
55. Division of Rate Counsel; right to intervene in federal proceedings.
The Division of Rate Counsel shall have the right to represent the public interest in any federal proceeding, including but not limited to proceedings before the Federal Communications Commission, the Federal Energy Regulatory Commission, and the Federal Trade Commission.
L.2005,c.155,s.55.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-61 - Division of Elder Advocacy; established.

52:27EE-61 Division of Elder Advocacy; established.
61. Division of Elder Advocacy; established.
There is hereby established in the Department of the Treasury the Division of Elder Advocacy to be under the supervision of the Director of the Division of Elder Advocacy, appointed by the Governor. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Division of Elder Advocacy is hereby allocated to the Department of the Treasury, but, notwithstanding this allocation, the division shall be independent of any supervision or control by the department or by any board or officer thereof.
L.2005, c.155, s.61; amended 2010, c.34, s,37.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-62 - Division of Elder Advocacy; jurisdiction.

52:27EE-62 Division of Elder Advocacy; jurisdiction.
62. Division of Elder Advocacy; jurisdiction.
The Division of Elder Advocacy may represent the public interest in such administrative and court proceedings as the director deems shall best serve the interests of elderly adults.
L.2005, c.155, s.62; amended 2010, c.34, s.38.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-63 - Division of Elder Advocacy; powers and duties.

52:27EE-63 Division of Elder Advocacy; powers and duties.
63. Division of Elder Advocacy; powers and duties.
The Division of Elder Advocacy may protect the interests of the elderly by:
a. intervening in or instituting proceedings involving the interests of the elderly before any department, commission, agency, or board of the State leading to an administrative adjudication or administrative rule as defined in section 2 of P.L.1968, c.410 (C.52:14B-2);
b. instituting litigation on behalf of the elderly when authorized to do so; and
c. commencing negotiation, mediation, or alternative dispute resolution prior to, or in lieu of, the initiation of any litigation.
L.2005, c.155, s.63; amended 2010, c.34, s.39.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-64 - Division of Elder Advocacy; additional powers and duties.

52:27EE-64 Division of Elder Advocacy; additional powers and duties.
64. Division of Elder Advocacy; additional powers and duties.
a. The Division of Elder Advocacy shall report to the Governor and the Legislature on recommendations that will further the State's ability to secure, preserve, and promote the health, safety, and welfare of New Jersey's elderly.
b. The Division of Elder Advocacy shall have the authority to hold a public hearing on the subject of any investigation or study. The division shall hear testimony from agency and program representatives, the public in general, and such others as may be deemed appropriate.
c. The Division of Elder Advocacy shall have access to the records and facilities of every agency, funded entity, or other recipient of public funds to the extent that any such records and facilities are related to the expenditure of public funds, provided that the division complies with all privacy and confidentiality protections applicable to those records and facilities, notwithstanding any contrary provision of law. Notwithstanding the foregoing, the Division of Elder Advocacy shall have access to any facility or institution, whether public or private, offering health or health-related services for the institutionalized elderly which is subject to regulation, visitation, inspection or supervision by any government agency, provided such access is permitted by State or federal law. All agencies shall cooperate with the Division of Elder Advocacy and, when requested, shall provide specific information in the form requested.
L.2005,c.155,s.64.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27EE-65 - Ombudsperson for the Institutionalized Elderly; transfer to Department of the Treasury.

52:27EE-65 Ombudsperson for the Institutionalized Elderly; transfer to Department of the Treasury.
65. Ombudsperson for the Institutionalized Elderly; transfer to Department of the Treasury. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Ombudsperson for the Institutionalized Elderly is hereby allocated to the Department of the Treasury, but, notwithstanding this allocation, the Ombudsperson shall be independent of any supervision or control by the department or by any board or officer thereof.
a. There is hereby established in the Division of Elder Advocacy in the Department of the Treasury an Ombudsperson for the Institutionalized Elderly.
b. The Ombudsperson for the Institutionalized Elderly shall be appointed by the Governor.
c. All functions, powers, and duties now vested in the Ombudsperson for the Institutionalized Elderly in the Department of the Public Advocate are hereby transferred to and assumed by the Ombudsperson for the Institutionalized Elderly in, but not of, the Department of the Treasury.
Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Ombudsperson for the Institutionalized Elderly in the Department of the Public Advocate, the same shall mean and refer to the Ombudsperson for the Institutionalized Elderly in, but not of, the Department of the Treasury.
L.2005, c.155, s.65; amended 2010, c.34, s.40.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27F-4.1 - Department of Energy abolished

52:27F-4.1. Department of Energy abolished
The Department of Energy is abolished as a principal department in the Executive Branch of State Government and all of its functions, powers and duties, except as herein otherwise provided, are terminated.
L. 1987,c.365,s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27F-4.2 - Termination of offices

52:27F-4.2. Termination of offices
The offices and terms of the Commissioner of Energy, the assistant commissioner and the directors of the various divisions and offices of the Department of Energy, except as herein otherwise provided, shall terminate upon the effective date of this act.
L. 1987,c.365,s.6.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27F-16 - Emergency allocation plan in event of impending shortage of energy

52:27F-16. Emergency allocation plan in event of impending shortage of energy
The commissioner shall prepare and adopt an emergency allocation plan specifying actions to be taken in the event of an impending serious shortage of energy which poses grave threats to the public health, safety, or welfare. The commissioner shall direct all State Government departments and agencies, including the Board of Public Utilities, to develop, subject to his approval, contingency plans for dealing with said emergencies.
L.1977, c. 146, s. 14, eff. July 11, 1977.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27F-16.1 - Legislative findings and declarations

52:27F-16.1. Legislative findings and declarations
The Legislature finds and determines that the prospects of the occurrence of periodic energy emergencies due to the volatility and unpredictability of energy markets necessitates the systematic preparation for such emergencies; that the Department of Energy possesses the expertise and ability to plan for such emergencies; and that formulation of energy emergency preparedness plans will contribute to the security of the State of New Jersey in energy matters.
The Legislature, therefore, declares it to be in the best interest of the citizens of this State to require the Department of Energy to periodically review the situation with regard to the energy preparedness of the State and to prepare and submit a report thereon to the Governor and the Legislature.
L.1983, c. 559, s. 1, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27F-16.2 - Energy emergency preparedness; report

52:27F-16.2. Energy emergency preparedness; report
In order to evaluate the energy preparedness of the State, the commissioner shall, within 1 year of the effective date of this act and at least once every 3 years thereafter, prepare and submit to the Governor and the Legislature a comprehensive report on the status of the emergency allocation plan adopted pursuant to section 14 of P.L.1977, c. 146 (C. 52:27F-16). The report shall provide for:
a. A means to identify, monitor and evaluate situations and conditions which may give rise to a critical energy shortage, which shall include but not be limited to methods of evaluating supply and demand conditions which may trigger a critical energy shortage;
b. The evaluation of various emergency response measures, based on the relative technical and economic impact and effectiveness of each;
c. The evaluation of existing emergency response plans of other agencies and instrumentalities of the State government, including the Board of Public Utilities. The commissioner shall have the authority to require these plans to conform with the conclusions and recommendations of the report, and to require the development or modification of those plans or portions thereof which do not comply with the report;
d. A means for establishing a comprehensive energy information service to function during an energy emergency;
e. The development, in advance of and during an energy emergency, of a coordinated public and private sector plan to mitigate the effects of an energy emergency.
L.1983, c. 559, s. 2, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27F-16.3 - Review and evaluation of state programs and policies; hearings

52:27F-16.3. Review and evaluation of state programs and policies; hearings
In order to implement the responsibilities required by section 2 of this act, the commissioner shall:
a. Review and evaluate, every 3 years, existing State programs and policies concerning energy emergency preparedness; and
b. Hold public hearings, as the commissioner deems necessary, concerning energy supply shortages, energy emergency preparedness and related matters.
L.1983, c. 559, s. 3, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27F-18 - Periodic reports by energy industries; rules and regulations; analysis by commissioner; report; disclosure of information; hearings

52:27F-18. Periodic reports by energy industries; rules and regulations; analysis by commissioner; report; disclosure of information; hearings
a. The commissioner shall adopt rules and regulations requiring the periodic reporting by energy industries of energy information which shall include but not be limited to the following:
(1) Electrical generating capacity in the State; long-range plans for additions to said capacity; efficiency of electrical generation; price and cost factors in electrical generation; types and quantities of fuels used; projections of future demand, consumption of electricity by sectors; times, duration, and levels of peak demand;
(2) Petroleum refining capacity; amount and type of fuel produced; amount and type of fuel sold; interstate transfers of fuel; price and cost factors in refining, production, and sale; long-term plans for alterations or additions to refining capacity; location, amount, and type of fuel storage;
(3) Storage capacity for gases; amount and end uses of gases sold; price and cost factors in the sale and use of gases; and
(4) Such other information as the commissioner may determine necessary for carrying out the purposes of this act.
b. The commissioner shall at least annually publish a report analyzing all energy information collected.
c. The commissioner shall have the discretion to obtain energy information from an affiliate of any energy industry or from an association or organization of industries of which any such energy industry is a member. Whenever energy information supplied by an energy industry is so obtained by the commissioner, the energy industry to which such information pertains shall be promptly notified of the energy information so obtained and shall be given an opportunity to correct or amplify such information.
d. Trade secrets collected under this section shall be exempt from the requirements of P.L.1963, c. 73 (C. 47:1A-1 et seq.). The commissioner shall promulgate rules and regulations for the conduct of administrative hearings on the issue of whether certain energy information should not be disclosed to the public.
L.1977, c. 146, s. 16, eff. July 11, 1977.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27F-20 - Subpenas; power to issue; enforcement

52:27F-20. Subpenas; power to issue; enforcement
The commissioner may issue subpenas requiring the attendance and testimony of witnesses and the production of books, documents, papers, statistics, data, information, and records for the purpose of carrying out any of his responsibilities under this act. Whenever there arises a refusal to honor his subpena, the commissioner may petition a court of competent jurisdiction for an order requiring the attendance and testimony of a witness or the production of the requested books, documents, papers, statistics, data, information, and records. Any failure to obey such an order issued by a court shall be punished by the court as a contempt thereof.
L.1977, c. 146, s. 18, eff. July 11, 1977.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27F-21 - Violations; injunctions; penalties; compromise and settlement of claim for penalty

52:27F-21. Violations; injunctions; penalties; compromise and settlement of claim for penalty
a. Upon a violation of this act or of any rules, regulations, or orders promulgated hereunder, the commissioner, the county prosecutor of the county in which the violation occurs if he has the approval of the commissioner, or any aggrieved person shall be entitled to institute a civil action in a court of competent jurisdiction for injunctive relief to restrain such violation and for such other relief as the court shall deem proper. The court may proceed in a summary manner.
b. Except as otherwise specifically provided, any person who violates the provisions of this act or any rule, regulation or order adopted pursuant to this act shall be liable to a penalty of not more than $300.00 for the first offense and not more than $3,000.00 for the second or any subsequent offense, to be collected in a civil action by a summary proceeding under "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court shall also have jurisdiction to enforce "the penalty enforcement law." If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
c. The department may compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.
L.1977, c. 146, s. 19, eff. July 11, 1977. Amended by L.1980, c. 152, s. 1, eff. Nov. 22, 1980.