THE NEW JERSEY REAL ESTATE LICENSE ACT Page 44

45:15-21. Filing of irrevocable consent to service
Every applicant for a license whose business address is outside this State shall file an irrevocable consent that suits and actions may be commenced against such applicant by the commission or by any person in any of the courts of record of this State, by the service of any process or pleading authorized by the laws of this State, in any county in which the plaintiff may reside, by serving the same on the secretary of the commission, said consent stipulating and agreeing that such service of such process or pleadings on said secretary shall be taken and held in all courts to be as valid and binding as if due service had been made personally upon the applicant in this State. This consent shall be duly acknowledged, and, if made by a corporation, shall be authenticated by its seal. The consent from a corporation shall be accompanied by a duly certified copy of the resolution of the board of directors, authorizing the proper officers to execute it. In all cases where process or pleadings shall be served, under the provisions of this article, upon the secretary of the commission, such process or pleadings shall be served in duplicate, one of which shall be filed in the office of the commission and the other shall be forwarded immediately by the secretary of the commission, by registered mail, to the last known business address of the licensee against which such process or pleadings are directed.
Every licensee whose business address is outside this State shall, by acceptance of a license for that out-of-state address, automatically and irrevocably consent to the commission’s jurisdiction over and investigative authority regarding the licensed business premises, and all records and conduct of the licensee both within and outside of the State. The licensee shall also automatically and irrevocably consent that service of any pleading or subpoena issued by the secretary of the commission pursuant to R.S. 45:15-17 or R.S. 45:15-18 which is delivered by certified mail to the licensee’s last known address, shall constitute valid and binding service of the subpoena or pleading upon the licensee as if service had been made personally upon the licensee in this State.
Amended 1993, c. 51, s. 30.
45:15-22. Repealed by L. 1993, c. 51, § 58, eff. May 20, 1993
45:15-23. Repealed by L. 1989, c. 126, § 7, eff. July 3, 1989
45:15-24. Commitment for nonpayment of judgment
The trial shall be with a jury upon the demand of any party to the action. The court shall, if judgment be rendered for the plaintiff, cause any such defendant, who refuses or neglects to pay forthwith the amount of the judgment rendered against him and all costs and charges incident thereto, to be committed to the county jail for a period not exceeding thirty days.
Amended by L. 1953, c. 43, p. 817, 75.
45:15-25, 45:15-26. Repealed by L. 1953, c. 43, §§ 76, 77
45:15-27. Disposition of penalties
Any penalty recovered for any violation of this article shall be applied by the commission to the same purpose as other funds of the commission collected in accordance with the provisions of this article.
Amended by L. 1953, c. 43, p. 817, 78.
45:15-28. Repealed by L. 1953, c. 43, § 79
45:15-29. Payment of fines, penalties; funding of commission’s expenses
a.All fines and penalties received by the commission pursuant to the provisions of this article shall be paid by it into the State treasury monthly. The payments shall be made on or before the tenth day of each month following their receipt, and at the time of payment a statement thereof shall be filed with the Director of the Division of Budget and Accounting.
b.All expenses incurred by the commission shall be paid from fees collected by the commission pursuant to the provisions of article I of chapter 15 of Title 45 of the Revised Statutes. Monies collected annually pursuant to this subsection shall be dedicated to the commission for the purposes of funding its incurred expenses for the current fiscal year, which expenses shall include, in addition to the direct cost of personal service, the cost of maintenance and operation, the cost of employee benefits and the workers’ compensation paid for and on account of personnel, rentals for space occupied in State-owned or Stateleased buildings and all other direct and indirect costs of the administration thereof.
Amended 1995, c. 156, s. 15.
45:15-29.1. Employees transferred
Such employees of the New Jersey Real Estate Commission, as the Commissioner of Insurance may determine are needed for the proper performance of the work of the division of the New Jersey Real Estate Commission in the Department of Insurance, are hereby transferred to the Department of Insurance. Persons so transferred shall be assigned to such duties as the Commissioner of Insurance shall determine.
L. 1948, c. 88, § 6; amended 1993, c. 51, § 31.
45:15-29.2. Rights under Title 11 and under pension laws not affected
Nothing in this act shall be construed to deprive any person of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any pension law or retirement system.
L. 1948, c. 88, p. 502,7.
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