a. The Director of the Division of Consumer Affairs or any board or committee within
the division may exercise its investigative power pursuant to section 5 of P.L.1978,
c. 73 (C.45:1-18) whenever there is reason to believe that there has been a violation of any applicable
law or regulation by a person who:
(1) is not licensed, certified, or otherwise permitted by law or regulation to practice
a profession or occupation and who represents to the public by any means, that he
is able to practice a profession or occupation regulated under Title 45 of the Revised
(2) has engaged or is engaging in the unauthorized practice of a profession or occupation
regulated under Title 45 of the Revised Statutes in violation of any law or regulation
administered by the director or a board or committee within the Division of Consumer
b. Any person who, following notice and a hearing, has been found to have engaged
in the conduct specified in paragraph (1) or (2) of subsection a. of this section
(1) immediately cease and desist from practicing that profession or occupation, as
ordered by the director or a board or committee; and
(2) be liable to a penalty of not more than $10,000 for the first offense, and not
more than $20,000 for each subsequent offense, to be recovered by the director or
the board or committee within the Division of Consumer Affairs.
c. Any proceeding instituted pursuant to this section shall be in addition to any
other proceeding authorized by section 10 of P.L.1978, c. 73 (C.45:1-23), or by any other law.
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