45:19-38 Powers of superintendent.
352 words·~2 min read·
/nj/title-45/chapter-19/45-19-38A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
11. For the purpose of investigating whether a person has engaged in, or is engaging in, any act or practice declared unlawful under this act, or for the purpose of investigating the character, competency, integrity or methods of operation of applicants or licensees hereunder, the superintendent shall have the power to:
a. require any person to file on such form as may be prescribed by the superintendent, a statement or report in writing under oath, or otherwise, as to the facts and circumstances concerning any matter being investigated;
b. administer oaths or affirmations and examine any person in connection with any investigation;
c. inspect any premises and examine any record, book, computer, electronic database, recording device, document, account, paper or other tangible thing, without prior notification, in connection with any investigation;
d. upon court order or warrant, seize and impound any record, book, computer, electronic database, recording device, document, account, paper or other tangible thing in connection with any investigation, except that nothing in this subsection shall be construed to prohibit the seizure and impoundment of any of the foregoing items in the absence of a court order or warrant:
(1)with the consent of the applicant, licensee or other person being investigated or the employee, agent or other individual who is in control of the premises upon which an investigation is being conducted;
(2)when circumstances presenting an imminent danger to the public health or safety exist; or
(3)when any other legally recognized exception to the warrant requirement exists and a court order or warrant is not constitutionally required;
e. hold investigative hearings and issue subpoenas to compel the attendance of any person or the production of any record, book, computer, electronic database, recording device, document, account, paper or other tangible thing in connection with any investigation; and
f. apply to the Superior Court for an order compelling compliance with any subpoena or other request for information.
Nothing contained in this section shall be construed to limit, waive or abrogate the scope or effect of any statutory or common law privilege, including but not limited to, the attorney-client privilege.
L.2005,c.376,s.11.