p.A registrant’s, or its agent’s or broker’s, failure to account for or remit any escrow funds coming into his possession which belonged to others.
q.A registrant’s, or its agent’s or broker’s, failure to make available to commission personnel during normal business hours all escrow records and related documents maintained in connection therewith, within a reasonable period of time after a request from the commission personnel, but in no event later than five business days from the request. tice to all persons affected thereby, the commission may applyto the Superior Court for an order compelling compliance withthe subpoena.
L. 2006, c. 63, § 26, eff. Oct. 31, 2006.
45:15-16.76. Determinations by commission; cease and desist order
a. If the commission determines after notice and hearing thata person has:
L. 2006, c. 63, § 25, eff. Oct. 31, 2006. (1) Violated any provision of this act;
45:15-16.75. Powers of commission
The commission may:
(2)Directly or through an agent or employee engaged in anyfalse, deceptive, or misleading advertising, promotional or sales methods in the State to offer or dispose of an interest in thetimeshare plan;
(3)Made any material change in the plan of disposition anddevelopment of the timeshare plan subsequent to the order ofregistration without first complying with the provisions of section 11 [C.45:15-16.60] of this act;
(4)Disposed of any timeshare plan which have not beenregistered with the commission; or
(5)Violated any lawful order or rule or regulation of thecommission;
The commission may issue an order requiring the person tocease and desist from the unlawful practice and to take such affirmative action as in the judgment of the commission will carryout the purposes of this act.
b. If the commission makes a finding of fact in writing thatthe public interest will be irreparably harmed by delay in issuingan order, the commission may issue a temporary cease and desistorder. Every temporary cease and desist order shall include in itsterms a provision that upon request a hearing will be held within15 days of the receipt of the request.
L. 2006, c. 63, § 27, eff. Oct. 31, 2006.
45:15-16.77. Violations
a.If it appears that a person has engaged, or is about to engage, in an act or practice constituting a violation of a provisionof this act, the commission, with or without prior administrativeproceedings, may bring an action in the Superior Court to enjointhe acts or practices and to enforce compliance with this act orany rule, regulation or order hereunder. Upon proper showing,injunctive relief or a temporary restraining order shall be granted,and a receiver may be appointed. The commission shall not berequired to post a bond in any court proceeding.
b.The commission may intervene in any suit relating to thisact. Each developer registered pursuant to this act shall providethe commission with notice of any lawsuit that is filed against thedeveloper or the registered timeshare plan that relates to a.Accept registrations filed in this State, in other states, or with the federal government;
b.Contract with similar agencies in this State or other jurisdictions to perform investigative functions;
c.Accept grants-in-aid from any governmental or other source;
d.Cooperate with similar agencies or commissions in this State or other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules and common administrative practices;
e.Grant exemptions pursuant to the rules and regulations adopted pursuant to this act;
f.Make any necessary public or private investigations within or outside of this State to determine whether any person has violated or is about to violate any provision of this act, or to aid in the enforcement of this act or in the prescribing of rules and regulations and forms hereunder;
g.Require or permit any person to file a statement in writing, under oath or otherwise, as the commission determines, as to all the facts and circumstances concerning any matter to be investigated;
h.For the purpose of any investigation or proceeding under this act, the commission or any officer designated by regulation, may administer oaths, or affirmations, and upon its own motion or upon request of any party may subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence; and
i.Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable no-
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