New Jersey § 55:13a-6

§ 55:13a-6.

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 P.L.1967, c. 76 ( C.55:13A-1 et seq. ) , 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 P.L.1967, c. 76 ( C.55:13A-1 et seq. ) , 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 P.L.1967, c. 76 ( C.55:13A-1 et seq. ) , and to make such investigation as is reasonably necessary to carry out the provisions

of P.L.1967, c. 76 ( C.55:13A-1 et seq. ) ; (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 P.L.1967, c. 76 ( C.55:13A-1 et seq. ) 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 the commissioner , as the commissioner may deem necessary to implement the purposes of P.L.1967, c. 76 ( C.55:13A-1 et seq. ) . 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 the person does not comply with the subpena issued by the commissioner, said penalty to be recovered

pursuant to section 18 of P.L.1967, c. 76 ( C.55:13A-18 ) ; (e) To issue and promulgate such rules and regulations as the commissioner may deem

necessary to implement the purposes of P.L.1967, c. 76 ( C.55:13A-1 et seq. ) , 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repealed or amended from time to time by the commissioner in the exercise of the commissioner's discretion; provided, that any such rules and regulations shall be filed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 P.L.1967, c. 76 ( C.55:13A-1 et seq. ) , enter complaints against any person violating the provisions thereof , and to prosecute or cause to be prosecuted violations of the provisions thereof 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 P.L.1967, c. 76 ( C.55:13A-1 et seq. ) 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) of this section ; (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 P.L.1967, c. 76 ( C.55:13A-1 et seq. ) ; and (k) To adopt, amend and repeal 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.