Pursuant to the authority granted by N.J.S.A. 40:23-6.47 et seq., there
is hereby created a Bureau of Consumer Affairs of the Borough of Maywood.
Members of the Bureau of Consumer Affairs of the Borough of Maywood
shall serve without compensation.
Subject to the limitations and restrictions hereinafter set forth, the
Bureau of Consumer Affairs of the Borough of Maywood shall have the following
powers and duties:
A. To initiate investigations whenever it shall appear that
a person has engaged in, is engaging in or is about to engage in any act declared
unlawful by the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq., hereinafter
referred to as "the Act"), as amended and supplemented, or in any act or practice
which violates any regulation promulgated by the Attorney General to the Act.
Such investigations may be commenced either on the complaint of an individual
consumer or where, after independent inquiry made by the Bureau, it appears
that a violation of the Act or any regulation adopted pursuant thereto has
occurred or may occur in the future.
B. To require any person to file a statement or report,
in writing, under oath or otherwise, as to all the facts and circumstances
concerning the sale or advertisement of merchandise by such person and such
other data and information as may be necessary to determine whether a violation
of the Act or a regulation adopted pursuant thereto has occurred or will occur.
C. To examine under oath any person in connection with the
sale or advertisement of any merchandise.
D. To examine any merchandise or sample thereof or any record,
book, document, account or paper as may be deemed necessary.
E. Pursuant to an order of the Superior Court, to impound
any record, book, document, account, paper or sample of merchandise as produced
in accordance with these provisions and to retain the same until the completion
of all proceedings in connection with which the same are produced.
F. To issue subpoenas to any person in aid of any investigation
to determine whether a violation of the Act or any regulation adopted by the
Attorney General thereto has occurred or will occur. In the event that any
person shall fail to comply with the subpoena issued pursuant to this subsection,
the Director of the Bureau of Consumer Affairs may apply to the Superior Court
for an order granting such relief as authorized by N.J.S.A. 56:8-6.
G. To initiate such litigation in the courts in the name
of the Director of the Division of Consumer Affairs seeking such relief as
may be authorized by the Act. In the event that litigation is commenced by
the Director of the Bureau of Consumer Affairs, notice thereof shall be given
to the Director of the Division of Consumer Affairs by serving a copy of the
proposed complaint and any supporting documents to be filed with the court
not less than fifteen (15) days prior to the filing of such action. Where
litigation is to be commenced by seeking a temporary restraining order on
an emergent basis, the Director of the Division of Consumer Affairs shall
be notified of such action consistent with the Rules of Court governing such
applications.
H. To assist, develop and conduct programs of consumer education
and information for public hearings, meetings, publications and materials
prepared for distribution to the consumer public of the Borough of Maywood.
I. To mediate disputes between consumers and merchants within
the Borough of Maywood which may be initiated by either party.
J. To encourage merchants, realtors, developers and contractors
to maintain high standards of honesty, fair trade practices and responsibility
in the production, promotion and sale of consumer goods and services.
K. To provide the Mayor and Council of the Borough of Maywood
with annual written reports with respect to the number of complaints filed,
the nature and disposition thereof and any other relevant activities of the
Bureau undertaken during the prior year. The annual report shall include recommendations,
if any, from the Bureau and shall be presented to the Mayor and Council not
later than January 31 of the following year.
Whenever it shall appear to the Director of the Division of Consumer
Affairs that any litigation or any other action authorized by the within provisions
is improperly brought or is contrary to the public interest, such actions
shall, on notice to the Director of the Bureau of Consumer Affairs, be terminated,
suspended or modified as may be directed.
The Director of the Bureau of Consumer Affairs of the Borough of Maywood
shall not:
A. Promulgate substantive regulations governing the sale
or advertisement of merchandise or defining unlawful practices; provided,
however, that nothing herein contained shall be deemed to prohibit the adoption
of internal administrative procedures governing the handling and processing
of complaints received from consumers.
B. Conduct any administrative hearing of a quasi-judicial
nature for the purpose of assessing any civil penalty, ordering any restoration
of consumer moneys or directing that any person cease and desist from engaging
in any unlawful practices; provided, however, that nothing herein contained
shall be deemed to prohibit the negotiation of any agreement by consent to
remedy any individual consumer complaint or the cessation of any unlawful
consumer practice.
C. Attempt to confer or grant immunity from any criminal
prosecution pursuant to N.J.S.A. 56:8-7.
The Bureau of Consumer Affairs of the Borough of Maywood shall comply
with directives of the Division of Consumer Affairs promulgated pursuant to
N.J.A.C. 13:45A-13.5(a)(3).