New Jersey § 45:1-17

§ 45:1-17.

In implementing the provisions of this act and administering the law enforcement activities

of those professional and occupational boards located within the Division of Consumer

Affairs, the Attorney General may: a. After advice to the board or boards in question of his intent to proceed under

this section, and the specific action he intends to take, and the failure of such

board or boards to take steps in accordance with the advice of the Attorney General

within 30 days of receipt of such advice, promulgate rules and regulations consistent

with the provisions of this act and the Administrative Procedure Act, P.L.1968, c.

410 ( C. 52:14B-1 et seq. ) governing the procedure for administrative hearings before all boards within the

Division of Consumer Affairs. Such rules and regulations shall govern administrative complaints, answers thereto,

issuance of subpenas, appointment of hearing examiners, adjournments, submission of

proposed findings of fact and conclusions of law, the filing of briefs, and such other

procedural aspects of administrative hearings before the boards as the Attorney General

may deem necessary; provided, however, nothing herein authorized shall be construed

to require the Attorney General to promulgate rules regarding prehearing investigative

procedures. b. After advice to the board or boards in question of his intent to proceed under

this section, and the specific action he intends to take, and the failure of such

board or boards to take steps in accordance with the advice of the Attorney General

within 30 days of receipt of such advice, promulgate substantive rules and regulations

consistent with the provisions of any statute governing the activities of any licensing

agency, board or committee located within the Division of Consumer Affairs, which

shall be limited to disciplinary matters and arbitrary restrictions on initial licensure. In addition to promulgating such rules and regulations, the Attorney General may

direct that any proposed or existing regulation be amended, abandoned or repealed. Prior to the final adoption of any regulation affecting the activities of any professional

or occupational licensing agency, board or committee located within the division and

prior to the issuance of any directive to amend, abandon or repeal any regulation,

the Attorney General or his designee shall first consult with the agency, board or

committee whose activities are affected regarding the proposed action. c. After a full consideration of all relevant facts and the applicable law, may direct

the initiation of any appropriate enforcement action by a professional or occupational

licensing board or set aside, modify or amend, as may be necessary, any action or

decision of a licensing agency, board or committee located within the Division of

Consumer Affairs; provided, however, no such action shall be directed by the Attorney

General in reviewing the action or decision of an agency, board or committee unless

such action or decision is contrary to applicable law.