11:5-1.3 INSURANCE
Amended by R.1989 d.324, effective May 24, 1989. See: 21 N.J.R. 1364(a), 21 N.J.R. 1709(a). Amended by R.1998 d497, effective October 5, 1998. See: 30 N.J.R. 2333(a), 30 N.J.R. 3646(a). Updated the Commission Organization Chart. Amended by R.1999 d.15, effective December 15, 1998. See: 31 N.J.R. 544(a). Updated the Commission Organization Chart. Amended by R.2004 d.130, effective April 5, 2004. See: 35 N.J.R. 4812(a), 36 N.J.R. 1780(a). Updated the Commission Organization Chart. Amended by R.2009 d.287, effective September 21, 2009. See: 41 N.J.R. 1381(a), 41 N.J.R. 3440(a). In the introductory paragraph, inserted “Division of the”; and amended the Commission Organization Chart.
11:5-1.3 Functions of the Commission
(a) The Commission is comprised of four sections whose functions are as follows:
1. The Investigations Section is responsible for investigating the qualifications of applicants for licensure, and for investigat- ing complaints against licensed brokers, broker-salespersons, salespersons or referral agents or individuals who have alleg- edly engaged in the business of a real estate broker, salesperson or referral agent without being licensed to do so.
2. The Real Estate Education Section is responsible for re- viewing the qualifications of real estate school and instructor applicants and for regulating their activities as such through the Education Subsection.
3. The Bureau of Subdivided Land Sales Control is respon- sible for enforcing the provisions of the New Jersey Real Estate Sales Full Disclosure Act, N.J.S.A. 45:15-16.27 et seq. Its duties include, but are not limited to, reviewing applications for the registration of new projects, conducting inspections of conditionally registered projects, and reviewing applications for the renewal of projects.
4. The Hearings and Regulatory Affairs Section is respon- sible for processing the rulemaking activity of the Commission, the scheduling and processing of contested cases, the prosecu- tion of certain contested matters, and other functions.
Amended by R.1989 d.324, effective May 24, 1989. See: 21 N.J.R. 1709(a). At (a)3, reference to Education Subsection added to end of sentence. Amended by R.1998 d.497, effective October 5, 1998. See: 30 N.J.R. 2333(a), 30 N.J.R. 3646(a). Rewrote (a). Amended by R.2004 d 130, effective April 5, 2004. See: 35 N.J.R. 4812(a), 36 N.J.R. 1780(a). In (a)4, rewrote the first sentence. Amended by R.2009 d.287, effective September 21, 2009. See: 41 N.J.R. 1381(a), 41 N.J.R. 3440(a). In the introductory paragraph of (a), substituted “four” for “six”; deleted former (a)1 and (a)5; and rccodificd formcr (a)2 through (a)4 as (a)1 through (a)3, and former (a)6 as (a)4. Amended by R.2012 d.006, effective January 3, 2012. See: 43 N.J.R. 1791(a), 44 N.J.R. 86(b).
In (a)1, substituted “, broker-salespersons,” for “or” following “brokers” and a comma for “or a” following “broker”, and inserted “referral agents or” and “or referral agent”.
11:5-1.4 Information available to the public
With the exception of the records designated as non-public in N.J.A.C. 11:5-1.5(g), the public may obtain information or make submissions or requests concerning any Commission functions by contacting the Real Estate Commission, Department of Banking and Insurance, PO Box 328, Trenton, New Jersey 08625-0328.
Amended by R.1998 d.497, effective October 5, 1998. See: 30 New Jersey Register 2333(a), 30 New Jersey Register 3646(a). Rewrote the section. Administrative correction. See: 36 New Jersey Register 4318(a).
11:5-1.5 Commission records open to public inspection; investigative files not open to the public
(a) The New Jersey Real Estate Commission makes, main- tains and keeps records as listed in (b) through (g) below.
(b) Current and computerized public licensing records are available at the Commission’s office for inspection and copying during normal business hours upon sufficient notice to the Commission staff. The Commission staff may require several weeks notice to locate records other than computerized records. Except as otherwise noted in this section, records are maintained for a minimum of three years. Older records may be unavailable. Copies of records can be purchased from the Commission at the fees established in the Right to Know Law, N.J.S.A. 47:1A-2.
(c) Requests for certified copies of the Commission’s public licensing records (or for a certificate of the absence of a public record) shall be submitted in writing and must specify which records are requested and the time period covered by the request. The Commission staff requires at least 10 working days to provide certified copies of public records.
(d) The following records are maintained pursuant to the Real Estate Licensing Act:
1. Certifications of license history and status based upon computerized licensing records;
2. Real estate broker, broker-salesperson, salesperson, referral agent, school and instructor license applications, and materials submitted therewith to obtain, transfer, reinstate or renew such licenses, and the final disposition of such applications. However, criminal history information obtained by the Commission pur- suant to N.J.A. C. 11:5-3.3 and personal data on a licensee such as home address, home telephone number and date of birth are considered confidential;
3. Real Estate Commission meeting minutes;