Borough of Maywood, NJ Consumer Affairs, Bureau of

The Bureau of Consumer Affairs shall consist of a Director of Consumer Affairs and up to four (4) additional persons appointed by the Mayor, subject to the advice and consent of the Borough Council.

All appointments shall be for one-year terms commencing from the date of appointment and ending on December 31 of the year during which the appointment was made or until the appointment and qualification of a successor.

§ 12-3 Organization.

The Bureau of Consumer Affairs shall be administered by the Director of Consumer Affairs, who shall preside at all meetings of the Bureau.

All members of the Bureau of Consumer Affairs shall be entitled to participate in all discussions and vote on all issues.

The Bureau of Consumer Affairs may establish such other rules and regulations for its operation not otherwise inconsistent with the terms of this chapter.

§ 12-4 Compensation.

Members of the Bureau of Consumer Affairs of the Borough of Maywood shall serve without compensation.

§ 12-5 Powers and duties.

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:

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.

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.

To examine under oath any person in connection with the sale or advertisement of any merchandise.

To examine any merchandise or sample thereof or any record, book, document, account or paper as may be deemed necessary.

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.

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.

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.

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.

To mediate disputes between consumers and merchants within the Borough of Maywood which may be initiated by either party.

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.

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.

§ 12-6 Termination of actions.

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.

§ 12-7 Restrictions on activities.

The Director of the Bureau of Consumer Affairs of the Borough of Maywood shall not:

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.

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.

Attempt to confer or grant immunity from any criminal prosecution pursuant to N.J.S.A. 56:8-7.

§ 12-8 Compliance with statutory directives.

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).