2009 New Jersey Code
TITLE 17 - CORPORATIONS AND INSTITUTIONS FOR FINANCE AND INSURANCE
Section 17:29A
17:29A-23 - Commissioner, power to assess penalties;  procedure

17:29A-23.  Commissioner, power to assess penalties;  procedure
    In lieu of the penalty provided for in section twenty-two of this act but in  addition to any other penalty or forfeiture provided by this act, or otherwise  provided by law, the commissioner may, if he finds that any person, partnership, association, corporation, insurer, or rating organization has willfully violated any provision of this act, impose a penalty of not less than  twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00)  for each such violation.  No such penalty shall be imposed, except upon at  least ten days' written notice to such person, partnership, association,  corporation, insurer, or rating organization, specifying the specific  violation, and naming a date and place for a hearing on the violation so  charged.  If the commissioner shall find, upon the evidence placed before him  at such hearing, that such person, partnership, association, corporation,  insurer, or rating organization is guilty of any violation of the provisions of  this act, he shall make an order briefly stating his findings, and specifying  the penalty imposed.  The imposition of such a penalty shall, in the case of a licensed broker, or agent, or in the case of a rating organization, automatically suspend the license of such broker or agent or rating organization until such time as such penalty shall be paid.  The commissioner  may file in the office of the Clerk of the Superior Court, a certificate  stating the amount of any penalty assessed pursuant to the provisions of this  section, and the name of the person, partnership, association, corporation,  insurer, or rating organization against whom or which the penalty has been  assessed, and thereupon the Clerk of Superior Court shall enter upon his record  of docketed judgments such certificate, or an abstract thereof, and shall duly  index the same.  From the time of such docketing, such certificate shall have  the same force and effect as a judgment obtained in the Superior Court, Law  Division, and the commissioner shall have all remedies and may take all the  proceedings for the collection thereof which may be had or taken upon the  recovery of such a judgment. Before any such penalty is imposed the proceeding  before the commissioner may be removed to the Superior Court by a proceeding in  lieu of prerogative writ and there determined.

     L.1944, c. 27, p. 80, s. 23.  Amended by L.1953, c. 17, p. 250, s. 120.