N.J. Admin. Code § 11:16-7.3 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Administrative complaint" means a pleading that provides the notice to a person required by N.J.S.A. 17:33A-5c that a civil and administrative penalty is being imposed on the person for a violation of 17:33A-1 et seq.
"Administrative consent order" means an offer of settlement in the form of an order in which the BFD and a person alleged to have violated 17:33A-1 et seq. mutually agree to resolve a case.
"BFD" means the Bureau of Fraud Deterrence in the Department of Banking and Insurance.
"Burden of proof" means the obligation of a party to meet the requirements of a rule of law that a fact be proved.
"Civil and administrative penalty" means a sanction authorized by any statute or administrative rule to be imposed on a person for any act or omission in violation of 17:33A-1 et seq., including any monetary penalty and any order to make restitution and to pay the reasonable costs of prosecution, including attorneys fees, of any matter.
"Commissioner" means the Commissioner of the Department of Banking and Insurance.
"Department" means the New Jersey Department of Banking and Insurance.
"Final agency order" means any and all final orders issued or executed by the Commissioner.
"Hearing" means a proceeding held in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, for the purpose of determining disputed issues of fact, law or disposition.
"Insurance company" or 'Insurer' means any entity coming within the definition of insurance company set forth in 17:33A-3.
"Notice" means a written communication from the BFD to an alleged violator of the assessment of a civil and administrative penalty containing those elements set forth in 11:16-7.4.
"Person" means a person as defined in 17:33A-3.
"Petitioner" means the State of New Jersey, Bureau of Fraud Deterrence.
"Respondent" means an alleged violator named in a civil and administrative complaint.
Notes
See: 41 N.J.R. 2630(a), 41 N.J.R. 4454(a).
In definition "Civil and administrative penalty", substituted "omission" for "mission"; and in definition "Notice", updated the N.J.A.C. reference.
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