Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
SYNOPSIS
Authorizes county and municipal consumer affairs directors to conduct administrative hearings, assess civil and other penalties, and issue cease and desist orders.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning county and municipal consumer affairs offices, amending P.L.1975, c.376.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1975, c.376 (C.40:23-6.48) is amended to read as follows:
2. Offices created hereunder shall have the following powers:
a. Those powers granted to the Attorney General by P.L.1960, c.39 (C.56:8-1 et seq.) and all supplements thereto, which he may from time to time by rule or regulation delegate to them; provided, however, that the following powers shall not be delegable: the power to promulgate substantive regulations as authorized by P.L.1960, c.39, s.4 (C.56:8-4); [the power to conduct administrative hearings and other powers connected therewith as authorized by P.L.1967, c.97, s.1 (C.56:8-3.1) and by P.L.1971, c.247, s.s.3 through 6, inclusive (C.56:8-15 through 56:8-18);] and the power to grant immunity as authorized by P.L.1960, c.39, s.7 (C.56:8-7).
b. Such other powers not inconsistent with the provisions of this act or any other act or the rules and regulations promulgated thereunder which may from time to time be assigned to such offices by the governing body of the county or municipality which created them.
c. The power to conduct administrative hearings and other powers connected therewith as authorized by P.L.1967, c.97, s.1 (C.56:8-3.1) and by P.L.1971, c.247, s.s.3 through 6, inclusive (C.56:8-15 through 56:8-18). Nothing contained in this subsection shall be construed to authorize a county or municipal office of consumer affairs created pursuant to P.L.1975, c.376 (C.40:23-6.47 et seq.) to conduct administrative hearings or other powers beyond the scope of matters pertaining to unlawful practices pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
(cf: P.L.1975, c.376, s.2)
2. This act shall take effect on the first day of the sixth month following enactment.
STATEMENT
This bill permits county and
municipal consumer affairs directors to conduct administrative hearings, assess
civil and other penalties, and issue cease and desist orders in addition to
other powers
designated to them by the Attorney General.
Section 2 of P.L.1975, c.376 (C.40:23-6.48) grants the Attorney General the authority to delegate powers to county and municipal consumer affairs offices, but prohibits the Attorney General from, among other things, delegating the power to conduct administrative hearings, assess civil penalties, and issue cease and desist orders. These restrictions on the powers of county and municipal consumer affairs officers are also found in the New Jersey Administrative Code at N.J.A.C.13:45A-13.8.
This bill empowers county and municipal consumer affairs directors to resolve issues in cases where mediation between consumers and businesses is ineffective instead of relying upon the State Division of Consumer Affairs, and clarifies that the new powers entrusted to county and municipal consumer affairs offices only extend to matters pertaining to unlawful practices under the consumer fraud act.