Title 17, Title 17: CORPORATIONS AND INSTITUTIONS FOR FINANCE AND INSURANCE

17:1-14. Appointments of deputy, assistant commissioners, organization; divisions 4. a. The commissioner may appoint such deputy commissioners and assistant commissioners as the commissioner shall deem necessary, to serve at the pleasure of the commissioner, subject to the provis…

17:1-15 Duties, authority of commissioner. 6. The commissioner, as administrator and chief executive officer of the department, shall: a. Administer the work of the department; b. Appoint and remove officers and other personnel employed within the department, subject to the provi…

17:1-16. Examination of persons, subpoena of witnesses, documents 7. For the purpose of effectuating the powers and duties of the department and the commissioner, the commissioner may cause to be examined under oath any and all persons whatsoever and compel by subpoena upon appro…

17:1-17. Transfer of appropriations, moneys 9. All appropriations and other moneys available and to become available to any department, division, bureau, board, commission, or other entity or agency, the functions, powers and duties of which have been assigned or transferred to t…

17:1-18. Assignment, transfer of employees 10. Employees of any department, division, bureau, board, commission or other agency or entity, the functions, powers and duties of which have been assigned or transferred to the Department of Banking or to the Department of Insurance or…

17:1-19. Tenure, rights preserved 11. Nothing in this 1996 amendatory and supplementary act shall be construed to deprive any person of any tenure rights or of any right or protection provided him or her by Title 11A of the New Jersey Statutes, or under any pension law or retirem…

17:1-2. Commissioner of Banking and Insurance, appointment, salary; interests prohibited to commissioner, officers, employees 17:1-2. a. The head of the reconstituted department, to be denominated the Commissioner of Banking and Insurance and hereinafter in Title 17 of the Revise…

17:1-20. Transfer of property 12. All files, books, papers, records, information management systems, equipment and other property of any department, division, bureau, commission, board, or other agency or entity, the functions, powers and duties of which have been assigned or tra…

17:1-21. References to department, commissioner 13. With respect to the functions, powers and duties continued in the Department of Banking and Insurance by this 1996 amendatory and supplementary act, whenever in any law, rule, regulation, order, agreement, stipulation, judicial …

17:1-22. Existing orders, rules, regulations not affected 14. This 1996 amendatory and supplementary act shall not affect the orders, rules, regulations, bulletins, plans of operation, contracts, settlement or consent agreements, or stipulations heretofore made, promulgated by, o…

17:1-23. Actions, proceedings not affected 15. This 1996 amendatory and supplementary act shall not affect actions or proceedings, civil or criminal, brought by or against the Commissioners of Banking and Insurance, or any department, division, bureau, board, commission, or other…

17:1-25 Findings, declarations relative to enforcement powers of Department of Banking and Insurance. 1. The Legislature finds and declares that: a. Financial institutions increasingly influence and affect the lives and livelihood of consumers in this State to such a degree that …

17:1-26 Definitions relative to enforcement powers of Department of Banking and Insurance. 2. As used in this act, and except as otherwise expressly provided in this act: "Bank" means a bank as defined in subsection (1) of section 1 of P.L.1948, c.67 (C.17:9A-1). "Commissioner" m…

17:1-27 Prohibited actions. 3. No bank, savings bank, State association, or any officer, director, employee, or major shareholder thereof, shall: a. Fail to comply with an order or other written instruction of the commissioner or any other financial regulatory agency; b. Violate …

17:1-28 Enforcement of, penalties for violations under C.17:1-27. 4. a. In addition to any other penalty provided by law, if the commissioner determines that a bank, savings bank, State association, or any officer, director, employee or major shareholder thereof, has violated a p…

17:1-3.1. New Jersey Real Estate Commission 3. There shall be within the Department of Banking and Insurance a division which shall be known as the division of the New Jersey Real Estate Commission. The terms of office of the members of the commission as of the effective date of …

17:1-5. Seal of office; certificates under seal as evidence The seal of office of the commissioner, filed in the department of state, shall continue as the seal of such office. Every certificate, assignment, conveyance or other official paper executed by the commissioner under au…

17:1-8. Fees; disposition 17:1-8. The commissioner shall charge for a license and for all services performed by the department the fees provided in Title 17 of the Revised Statutes or Title 17B of the New Jersey Statutes, or in lieu thereof or where not so provided, such fees as …

17:1-8.1. Rules, regulations 1. The commissioner may, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate such rules and regulations as are necessary to effectuate the purposes of this 1996 amendatory and supplementary act.L.195…

17:1C-19. Findings, declarations relative to the Department's expenses 1. a. The Legislature finds and declares that: (1) The Department of Insurance has a statutory obligation to protect the interests of New Jersey's insurance consumers and to regulate and oversee the operations…

17:1C-20 Certification of expenses incurred, apportionment. 2. a. The Director of the Division of Budget and Accounting in the Department of the Treasury shall, on or before August 15 in each year, ascertain and certify to the Commissioner of Banking and Insurance by category the…

17:1C-20.1. Distribution of special purpose apportionment 2. Notwithstanding the provisions of any law to the contrary, the Commissioner of Banking and Insurance shall take that action necessary to ensure that policyholders of the companies paying the special purpose apportionmen…

17:1C-21. Filing of objections to apportionment 3. Within 15 days after the date of mailing a statement of special purpose apportionment as provided in this act, a company may file its objections to its apportionment with the commissioner. Upon receiving those objections, the com…

17:1C-22. Commissioner's findings, notice 4. If upon receiving the objections, or after the hearing, the commissioner finds any part of the special purpose apportionment against the objecting company excessive, erroneous, unlawful or invalid, he shall transmit to the objector, by…

17:1C-23. Notice of delinquency 5. If a statement of special purpose apportionment against which objections are filed is not paid in full within 30 days after the date of mailing to the objector of notice of a finding that the objections have been disallowed; or if an amended sta…

17:1C-24. Action for recovery 6. No action for recovery of an amount paid under this act shall be maintained in any court unless objections have been filed with the commissioner. In an action for recovery of any payments, plaintiff may raise any relevant issue of law, but the com…

17:1C-25. No action, proceeding maintained in court for delaying collection, payment 7. No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement of special purpose apportionment rendered in accord…

17:1C-26. Procedure exclusive 8. The procedure provided in this act for determining the lawfulness of statements of special purpose apportionment and the recovery of payments made pursuant to those statements of special purpose apportionment shall be exclusive of all other remedi…

17:1C-27. Failure, refusal to pay, notice to Treasurer 9. If any company to which a statement of special purpose apportionment as provided in this act has been mailed fails or refuses to pay the amount within 30 days, or fails to file with the commissioner objections to the state…

17:1C-28. Collection of amount due 10. Within 10 days after receipt of the notice and certified copy of the statement of special purpose apportionment, the State Treasurer shall proceed to collect the amount stated to be due, with legal interest, by seizure and sale of any goods …

17:1C-29. Additional remedy 11. As an additional remedy, the State Treasurer may issue a certificate to the Clerk of the Superior Court, that a company is indebted under this act in an amount stated in the certificate. The clerk shall immediately enter upon his record of docketed…

17:1C-30. Exemption from fees, charges 12. a. Notwithstanding any law or regulation to the contrary, a company paying the amounts apportioned to it in statements of special purpose apportionment made pursuant to section 2 of this act shall be exempt from all fees or charges impos…

17:1C-31 Permitted increase in amount assessable. 13. Commencing with fiscal year 1999 and in each fiscal year thereafter, the total amount assessable to companies in any fiscal year for all special purpose assessments made pursuant to applicable law as of the effective date of t…

17:1C-32. Rules, regulations 14. The State Treasurer and the Commissioner of Insurance may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. L.1995,c.156,s.14.

17:1C-33 Findings, declarations relative to funding mechanism for Division of Banking. 1. a. The Legislature finds and declares that: (1) The Division of Banking has a statutory obligation to protect the interests of New Jersey's consumers and to regulate and oversee the operatio…

17:1C-34 Definitions relative to funding mechanism for Division of Banking. 2. For the purposes of this act: "Assessment" means the assessment imposed pursuant to section 3 of this act for the special functions of the division as provided in that section. "Commissioner" means the…

17:1C-35 Certification of expenses incurred for administration of special administration of functions of Division of Banking; assessments. 3. a. The Director of the Division of Budget and Accounting in the Department of the Treasury shall, on or before August 15 in each year, asc…

17:1C-36 Objections to assessment, hearing. 4. Within 15 days after the date of mailing a statement of the assessment as provided in this act, a regulated entity may file its objections to its assessment with the commissioner. The filing of an objection shall not relieve a regula…

17:1C-37 Transmission of findings to objector. 5. If upon receiving the objections, or after the hearing, the commissioner finds any part of the assessment against the objecting regulated entity excessive, erroneous, unlawful or invalid, he shall transmit to the objector, by regi…

17:1C-38 Notice of delinquency, collection. 6. If a statement of the assessment against which objections are filed is not paid in full within 30 days after the date of mailing of the original statement of the assessment; or if an amended statement of the assessment is not paid wi…

17:1C-39 Action for recovery. 7. No action for recovery of an amount paid under this act shall be maintained in any court unless objections have been filed with the commissioner. In an action for recovery of any payments, plaintiff may raise any relevant issue of law, but the com…

17:1C-40 Action, proceeding. 8. No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement of the assessment rendered in accordance with the provisions of this act. A regulated entity against which …

17:1C-41 Exclusive procedure under act. 9. The procedure provided in this act for determining the lawfulness of statements of the assessment and the recovery of payments made pursuant to those statements of the assessment shall be exclusive of all other remedies and procedures. L…

17:1C-42 Failure, refusal to pay, notice to Treasurer. 10. If any regulated entity to which a statement of the assessment as provided in this act has been mailed fails or refuses to pay the amount within 30 days, or fails to file with the commissioner objections to the statement …

17:1C-43 Procedure for collection. 11. Within 10 days after receipt of the notice and certified copy of the statement of the assessment, the State Treasurer shall proceed to collect the amount stated to be due, with legal interest, by seizure and sale of any goods or chattels, in…

17:1C-44 Additional remedies. 12. As an additional remedy, the State Treasurer may issue a certificate to the Clerk of the Superior Court, that a regulated entity is indebted under this act in an amount stated in the certificate. The clerk shall immediately enter upon his record …