Current through Register Vol. 56, No. 18, September 16, 2024
(a) The New Jersey Real Estate Commission
makes, maintains and keeps records as listed in (b) through (g)
below.
(b) Current and computerized
public licensing records are available at the Commission's office for
inspection and copying during normal business hours upon sufficient notice to
the Commission staff. The Commission staff may require several weeks notice to
locate records other than computerized records. Except as otherwise noted in
this section, records are maintained for a minimum of three years. Older
records may be unavailable. Copies of records can be purchased from the
Commission at the fees established in the Open Public Records Act at N.J.S.A.
47:1A-5.
(c) Requests for certified
copies of the Commission's public licensing records (or for a certificate of
the absence of a public record) shall be submitted in writing and must specify
which records are requested and the time period covered by the request. The
Commission staff requires at least 10 working days to provide certified copies
of public records.
(d) The
following records are maintained pursuant to the Real Estate Licensing Act:
1. Certifications of license history and
status based upon computerized licensing records;
2. Real estate broker, broker-salesperson,
salesperson, referral agent, school and instructor license applications, and
materials submitted therewith to obtain, transfer, reinstate or renew such
licenses, and the final disposition of such applications. However, criminal
history information obtained by the Commission pursuant to
11:5-3.3 and personal data on a
licensee such as home address, home telephone number and date of birth are
considered confidential;
3. Real
Estate Commission meeting minutes;
4. Orders to Show Cause and complaints issued
by the Attorney General's office charging that a licensee or an unlicensed
person has violated provisions of the Real Estate License Act or the
Commission's administrative rules; documents accepted into the agency record in
any such proceeding; and the final disposition of such proceedings including
settlements; and
5. Notices,
proposals and other records concerning rulemaking required to be kept or
distributed to the public by the Commission pursuant to the Administrative
Procedure Act,
52:14B-1 et seq. and
N.J.A.C.
1:30-3 and 4 et seq. Complete records of
unadopted proposals are available for one year after publication of the
proposal. Complete records of adopted rules are available for three years after
each rule's effective date.
(e) The following records are maintained by
the Bureau of Subdivided Land Sales Control, pursuant to the Real Estate Full
Disclosure Act,
45:15-16.2 7 et seq.:
1. Statements of record and additions or
corrections thereto filed with the Bureau pursuant to N.J.S.A. 45:15-16.3 3,
16.36, 16.39 and 16.41(a);
2.
Annual reports submitted by a subdivider pursuant to N.J.S.A. 45:15-16.4
0;
3. Public offering statements
and amended public offering statements prepared pursuant to N.J.S.A. 45:15-16.3
8;
4. Orders to Show Cause and
other pleadings charging violations of
45:15-16.2 7 et seq. and the final
disposition of such orders, including Orders to Cease and Desist and/or
imposing penalties or sanctions; documents accepted into the agency record in
any such proceedings; and
5.
Applications for exemption of a subdivision filed with the Bureau pursuant to
N.J.S.A. 45:15-16.3 2(c) and
11:5-9.1 8 and the final
disposition of any such exemption application.
(f) The following records are maintained
pursuant to the Real Estate Guaranty Fund Act,
45:15-34 et seq.:
1. Court orders for payment from the Real
Estate Guaranty Fund; and
2.
Pleadings served upon the Commissioner of Insurance or any duly authorized
agent or employee of the Department of Insurance pursuant to
45:15-39.
(g) The following licensee records are
nonpublic in accordance with
47:1A-1 et seq.:
1. Criminal complaints, indictments,
judgments of conviction and other separate documents submitted in connection
with a license application concerning whether an applicant is disqualified by
reason of indictment for or conviction of a crime;
2. Criminal history records obtained as the
result of any criminal history check;
3. Petitions or discharges in bankruptcy,
complaints, orders or other pleadings in actions for assignment to creditors
and other separate documents submitted in connection with a license application
concerning whether the applicant is disqualified by reason of
unworthiness;
4. Copies of orders
of suspension or revocation issued by professional or occupational licensing
authorities, and other separate documents submitted in connection with a
license application concerning whether the applicant is disqualified from
licensure;
5. Records concerning
the medical disability of any licensee;
6. Investigative files in any matter pending
investigation, or in any completed investigation in which no formal
disciplinary action was taken;
7.
Personal data on a licensee such as home address, home telephone number and
date of birth;
8. The Social
Security numbers of any applicants or licensees which were submitted to the
Commission on a license application or otherwise obtained by the Commission;
and
9. Purchaser information
submitted pursuant to
N.J.S.A.
45:15-16.3 8.
