N.J. Admin. Code § 13:21-21.17

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:21-21.17 - Investigations

(a) The Chief Administrator shall, on his or her own initiative or in response to complaints, investigate on a continuous basis and gather evidence of violations of 39:13-1 et seq., or any regulation adopted thereunder, by any auto body repair facility.

1. In the case of an investigation of an alleged violation of N.J.S.A. 39:13-2b, the Chief Administrator shall consider, among others, the following factors in determining whether a facility is operating as an auto body repair facility:

i. The presence at a facility of a collision damaged motor vehicle that is in the process of being repaired;

ii. The presence at a facility of auto paint or refinishing materials and spray equipment that can apply such materials; and

iii. The presence of other materials used in the collision repair process.

(b) The Chief Administrator, or any person designated by him or her, shall have the power to conduct investigations, administer oaths, interrogate licensees, issues subpoenas, summonses and/or complaints and compel witnesses to appear at any hearing.

(c) Except as set forth in 13:21-21.12(j), subpoenas shall be served in the same manner, and witnesses shall be entitled to the same fees, as in the case of subpoenas issued out of the Superior Court of New Jersey.

(d) In case of a failure of any person to comply with any subpoena issued under these rules or to testify with respect to any matter concerning which he or she may be lawfully interrogated, the Superior Court, on application of the Chief Administrator, may issue an order requiring the attendance of such person and the giving of testimony or production of evidence. Any person failing to obey the order of the court may be punished by the court for contempt.

N.J. Admin. Code § 13:21-21.17

Amended by R.2001 d.19, effective 1/16/2001.
See: 32 New Jersey Register 3739(a), 33 New Jersey Register 277(a).
Amended by R.2005 d.129, effective 4/18/2005.
See: 36 New Jersey Register 1886(a), 37 New Jersey Register 1212(b).
In (a), added 1; in (c), deleted "the" preceding "witnesses"; in (d), inserted "or she" preceding "may be lawfully interrogated"; substituted "Chief Administrator" for "Director" throughout.