New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45B - PERSONNEL SERVICES › Subchapter 16 - VIOLATIONS › Section 13:45B-16.1 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A violation of any applicable provision of this chapter by a licensee shall be deemed to be a violation of the Act and, if applicable, the CFA and shall be subject to the penalties and sanctions provided for thereunder.
(b) A violation of any applicable provision of this chapter by a registrant or its agent shall be deemed to be a violation of the Act and, if applicable, the CFA and shall be subject to the penalties and sanctions provided for thereunder.
(c) Nothing in this chapter shall be interpreted to prohibit prosecution of any practices by a licensee or registrant which may be unlawful under any other State or Federal law.
(d)N.J.S.A. 34:8-52f is applicable to those firms which charge fees to job seekers, not potential employers.
(e) Nothing in the Act or this chapter shall be construed to prevent qualified members of other professional groups, such as members of the clergy, authorized practitioners, school guidance counselors, or psychologists from providing career counseling services consistent with the accepted standards of their respective professions, provided, however, that they do not hold themselves out to the public by any title or description stating or implying that they are career counselors or are licensed to practice career counseling.
(f) The Director may refuse to issue, and may revoke, any license or registration for failure to comply with, or violation of, the provisions of the Act and this chapter or for any other good cause shown, within the meaning and purpose of the Act and this chapter. A refusal or revocation shall not be made except upon reasonable notice to, and opportunity to be heard by the applicant or licensee or registrant. The Director may, if he or she finds it to be in the public interest, suspend a license or registration for any period of time that he or she determines to be proper or assess a penalty in lieu of suspension, or both, and may issue a new license or registration, notwithstanding the revocation of a prior license or registration, provided that he or she finds the applicant to have become entitled to the new license or registration.
(g) To accomplish the objectives and carry out the duties prescribed by the Act, and this chapter the Director may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of investigation or inquiry, promulgate rules and regulations, and prescribe forms as may be necessary.
(h) Whenever it appears to the Director that a person has engaged in, is engaging in, or is about to engage in, any practice declared to be unlawful by the Act and this chapter, or whenever the Director believes it to be in the public interest that an investigation should be made to ascertain whether a person has engaged in, is engaging in, or is about to engage in, any unlawful practice, the Director may:
1. Require the person to file, on forms prescribed by the Director, a written statement or report, under oath or otherwise, concerning the facts and circumstances regarding the practice which is under investigation;
2. Examine under oath any person in connection with the practice under investigation;
3. Examine any record, book, document, account, contract, or paper as he or she deems necessary; and
4. Pursuant to an order of the Superior Court, impound any record, book, document, account, contract, or paper that is produced in accordance with the Act and this chapter, and retain it until the completion of all proceedings in connection with the materials produced.