New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 19 - CONTINUING CARE RETIREMENT COMMUNITY RULES › Subchapter 13 - ADMINISTRATION › Section 5:19-13.2 - Complaints and investigations; violations; enforcement; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may, at any time, file a complaint
				with the Department concerning any matter subject to the Act or these rules. Said
				complaint may be written or oral. Nothing contained herein shall prevent the
				Department from instituting an investigation on its own initiative.
(b) If the Department determines or has cause to
				believe that a person has engaged in any act or practice which constitutes a
				violation of P.L. 1986, c. 103 (
52:27D-330
et seq.) or P.L.
				2013, c. 167 (
52:27D-360.1
et al.), the
				Department may take any or all of the following actions, as appropriate:
1. Issue a temporary cease and desist order upon
				the determination by the Department in writing, and based upon a finding of fact,
				that the public interest will be irreparably harmed by delay in issuing an order,
				including therein a provision that, upon written request made within five business
				days following issuance of the order, a hearing will be held within 10 days of that
				request to determine whether or not the temporary cease and desist order shall
				become permanent. A copy of any temporary or permanent cease and desist order shall
				be sent to the person by certified mail;
2. Issue an order requiring such affirmative
				action as, in the judgment of the Department, will carry out the purposes of the Act
				or these rules;
3. Bring an action in
				the Superior Court to enjoin the act or practice and to enforce compliance with P.L.
				1986, c. 103 (
52:27D-330
et seq.) and P.L.
				2013, c. 167 (
52:27D-360.1
et al.) if it
				appears that a person has engaged or is about to engage in an act or practice
				constituting a violation of a provision of P.L. 1986, c. 103 (
52:27D-330
et seq.) or P.L.
				2013, c. 167 (
52:27D-360.1
et al.), or a
				rule or order of the Department. Upon a proper showing, the court may grant a
				permanent or temporary injunction, restraining order, or writ of mandamus and may
				appoint a receiver or conservator for the defendant or the defendant's assets. The
				Commissioner shall not be required to post a bond; or
4. Levy and collect civil penalties in the amount
				of not less than $ 250.00, and not more than $ 50,000, for each violation of P.L.
				1986, c. 103 (
52:27D-330
et seq.) or P.L.
				2013, c. 167 (
52:27D-360.1
et al.), or any
				rule adopted pursuant thereto or order issued thereunder, and compromise and settle
				any claim for a penalty in such amount in the discretion of the Commissioner as may
				appear appropriate and equitable under the circumstances of the violation. Each day
				during which a violation continues after the effective date of a notice to terminate
				issued by the Commissioner shall constitute an additional, separate, and distinct
				violation. If an administrative order levying a civil penalty is not satisfied
				within 30 days of its issuance, the Commissioner may sue for and recover the penalty
				with costs in a summary proceeding under the "Penalty Enforcement Law of 1999,"
				P.L.
				1999, c. 274
				(
2A:58-10
et seq.) in the
				Superior Court.
i. Except as set forth below, the
				initial penalty levied for any violation shall not exceed $ 250.00 per violation, or
				$ 250.00 per unit in the case of any violation of Department rules for facility
				certification, and a subsequent penalty for the same act or omission shall not
				exceed 10 times the amount of the last previous penalty or the statutory maximum,
				whichever is less.
ii. The limitations
				set forth in (b)4i above shall not apply to any violation involving either
				dishonesty in dealings with residents or prospective residents, or willful disregard
				of the rights of residents.