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

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.

1. Directly, or through an agent or employee, knowingly engaging in false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of a unit;

2. Making any material change in the plan of disposition of the continuing care retirement community subsequent to the certificate of authority without obtaining prior approval from the Department;

3. Disposing of any unit, which is capable of being certified, or interest in a continuing care retirement community which has not been certified with the Department; or

4. Violating any lawful order or rule of the Department.