N.J. Admin. Code § 11:17D-1.2 - Definitions

Current through Register Vol. 54, No. 7, April 4, 2022

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Administrative order" means any and all orders issued or executed by the Commissioner, his designee and the Department, including, but not limited to, consent orders and orders to show cause.

"Administrative penalty" means a sanction authorized by any statute or administrative rule to be imposed by the Commissioner for any act or omission by a person subject to the Commissioner's or Department's jurisdiction, including the revocation, suspension or refusal to renew any license or authority to conduct any regulated activity; any monetary fine and any order to make restitution or to pay the reasonable cost of an investigation and prosecution of any matter. It shall not include the rejection and return of any application or filing for additions or correction of any error, unless a fine is imposed and must be paid as a condition of later acceptance of the application or filing.

"Commissioner" means the Commissioner of the Department of Banking and Insurance of the State of New Jersey.

"Department" means the New Jersey Department of Banking and Insurance.

"Hearing" means a hearing held in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the rules adopted thereunder.

"Insurance producer" means a person required to be licensed under the laws of this State to sell, solicit or negotiate insurance.

"Notice" means a written communication from the Department to an alleged violator of its intent to assess an administrative penalty containing those elements set forth in 11:17D-2.1. A notice may be in the form of an administrative order such as a consent order or order to show cause.

"Person" means any individual, corporation, organization, association, partnership or legal entity.

"Time related violation" means the failure to meet a time limit or deadline imposed by statute, rule or administrative order. When such a time limit or deadline is not met, each day after the time limit or deadline passes shall be considered a separate and distinct violation.

Notes

N.J. Admin. Code § 11:17D-1.2
Amended by R.2000 d.44, effective 2/7/2000.
See: 31 N.J.R. 3583(a), 32 N.J.R. 499(a).
Substituted a reference to this chapter for a reference to this subchapter in the introductory paragraph.
Amended by R.2002 d.354, effective 11/4/2002.
See: 34 N.J.R. 2286(a), 34 N.J.R. 2549(b), 34 N.J.R. 3839(a).
Rewrote "Insurance producer"; deleted "Limited insurance representative".

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