vices for which registration is required by this act, or to recover the agreed price or any consideration under any agreement, or to recover for services for which a registration is required by this act, without proving that the developer had a valid order of registration at the time of making the agreement or performing the work.
b. A person licensed in this State as a real estate broker pursuant to R.S.45:15-1 et seq. shall not represent any unregistered timeshare plan and shall not accept or collect any commission or other form of consideration from any developer unless the timeshare plan is registered pursuant to the requirements of this act.
L. 2006, c. 63, § 32, eff. Oct. 31, 2006.
45:15-16.82. Rules
The commission shall adopt rules for the implementation and enforcement of this act in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).
L. 2006, c. 63, § 33, eff. Oct. 31, 2006.
45:15-16.83. Forms, procedures
The commission may prescribe forms and procedures for submitting information to the commission.
L. 2006, c. 63, § 34, eff. Oct. 31, 2006.
45:15-16.84. Investigation of matters relative to application for registration
The commission shall thoroughly investigate all matters relating to an application for registration under this act and may require a personal inspection of any timeshare plan, accommodation, and any offices where any of the foregoing may transact business. All reasonable expenses incurred by the commission in investigating such matters shall be paid by the registrant. The commission may require a deposit sufficient to cover the expenses prior to incurring the expenses.
L. 2006, c. 63, § 35, eff. Oct. 31, 2006.
45:15-16.85. Existing timeshare plans remain in full force and effect
All timeshare plans that were registered and approved pursuant to the provisions of the “Real Estate Sales Full Disclosure Act,” P.L.1989, c.239 (C.45:15-16.27 et seq.) and “The Planned Real Estate Development Full Disclosure Act,” P.L.1977, c.419 (C.45:22A-21 et seq.) in effect on the effective date [Oct. 31, 2006] of this act shall remain in full force and effect after the effective date of this act and shall be considered registered under this act and shall not be required to file any further documentation under this act, except as to comply with the requirements of section 11 [C.45:15-16.60].
Developers who have filed timeshare plans that were exempt from the requirements of the “Real Estate Sales Full Disclosure Act,” P.L.1989, c.239 (C.45:15-16.27 et seq.) and “The Planned Real Estate Development Full Disclosure Act,” P.L.1977, c.419 (C.45:22A-21 et seq.) shall be required to file a registration application with the commission within 90 days from the effective date [Oct. 31, 2006] of this act unless they are otherwise exempt under this act. These developers and timeshare plans shall be allowed to continue operating as long as a registration application is filed with the commission within the timeframe stated above and as long as they, in good faith, continue to work with the commission to correct any and all deficiencies in the registration application.
Any existing injunction or temporary restraining order validly obtained under the “Real Estate Sales Full Disclosure Act,” P.L.1989, c.239 (C.45:15-16.27 et seq.) or “The Planned Real Estate Development Full Disclosure Act,” P.L.1977, c.419 (C.45:22A-21 et seq.) which prohibits unregistered practice of timeshare developers, timeshare plans, and their agents shall not be invalidated by the enactment of this act and shall continue to have full force and effect on and after the effective date of this act. Any existing disciplinary action or investigation pursuant to a violation under the “Real Estate Sales Full Disclosure Act,” P.L.1989, c.239 (C.45:15-16.27 et seq.) or “The Planned Real Estate Development Full Disclosure Act,” P.L.1977, c.419 (C.45:22A-21 et seq.) shall not be invalidated by the enactment of this act and shall continue to have full force and effect on and after the effective date of this act.
L. 2006, c. 63, § 36, eff. Oct. 31, 2006.
45:15-17. Investigation of actions of licensees; suspension or revocation of licenses and causes therefor
The commission may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any real estate broker, broker-salesperson, salesperson, referral agent, or any person who assumes, advertises or represents himself as being authorized to act as a real estate broker, broker-salesperson, salesperson or referral agent or engages in any of the activities described in R.S.45:15-3 without being licensed so to do. The lapse or suspension of a license by operation of law or the voluntary surrender of a license by a licensee shall not deprive the commission of jurisdiction to proceed with any investigation as herein provided or prevent the commission from taking any regulatory action against such licensee, provided, however, that the alleged charges arose while said licensee was duly licensed. Each transaction shall be construed as a separate offense.
In conducting investigations, the commission may take testimony by deposition as provided in R.S.45:15-18, 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 the matter under investigation, and, upon its own motion or upon the request of any party, subpoena witnesses, compel their attendance, take evidence, and require