55:13A-6 - Powers of commissioner
55:13A-6. Powers of commissioner
The commissioner is hereby granted and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of this act, including but not limited to, the power:
(a) To provide owners or groups of owners with such advisory consultation and educational services as will assist said owners or groups of owners to discharge their responsibilities under this act, and to suggest to said owners or groups of owners methods and procedures by which they may develop and implement health and safety programs;
(b) To enter and inspect, without prior notice, any hotel or multiple dwelling as provided by this amendatory and supplementary act, and to make such investigation as is reasonably necessary to carry out the provisions of this act;
(c) To administer and enforce the provisions of existing law, and any amendments and supplements thereto, and any rules or regulations promulgated thereunder, concerning the regulation of multiple dwellings, also commonly known as tenements, and hotels;
(d) To issue subpenas to any person subject to this act which shall compel attendance at any hearing as a witness and shall compel production of such reports, documents, books or papers, in any part of the State before the commissioner or a member of the department designated by him, as the commissioner may deem necessary to implement the purposes of this act. In any case where a person neglects or refuses to obey the command of such subpena, the commissioner may apply ex parte to the Superior Court for an order compelling a person to testify or to produce files, books, papers, documents or other objects in accordance with the subpena issued by the commissioner and, in addition, said person shall be subject to a penalty of $100,000.00 for each instance in which he does not comply with the subpena issued by the commissioner, said penalty to be recovered pursuant to section 18 of this act;
(e) To issue and promulgate such rules and regulations as the commissioner may deem necessary to implement the purposes of this act, which rules and regulations shall have the force and effect of law until revised, repealed or amended from time to time by the commissioner in the exercise of his discretion; provided, that any such rules and regulations shall be filed with the Office of Administrative Law;
(f) To enforce and administer the provisions of this act, enter complaints against any person violating the provisions of this act, and to prosecute or cause to be prosecuted violations of the provisions of this act in administrative hearings and civil actions in State or local courts;
(g) To assess penalties and to compromise and settle any claim for a penalty for any violation of the provisions of this act in such amount in the discretion of the commissioner as may appear appropriate and equitable under all of the circumstances of said violation in any of the actions or proceedings mentioned in subsection (f);
(h) To institute an in rem action against the property upon which a violation exists in cases where the owner, after diligent effort, cannot be served;
(i) To institute a quasi in rem action against the owner by attachment of the property upon which a violation exists, followed by service by publication, in cases where the owner, after diligent effort, cannot be served;
(j) To hold and exercise all the rights and remedies available to a judgment creditor where a judgment lien arises as a result of a penalty action or an administrative proceeding taken pursuant to enforcement of this act; and
(k) To adopt, amend and repeal, after consultation with the Hotel and Multiple Dwelling Health and Safety Board, rules concerning the qualifications and licensing of persons employed by local agencies and municipalities to enforce this amendatory and supplementary act and fees to cover the cost of any licensing program.
L.1967, c.76, s.6; amended by L. 1970, c. 138, s. 3; 1987, c. 30, s. 1.