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USA Statutes : new_jersey
Title : TITLE 52 STATE GOVERNMENT, DEPARTMENTS AND OFFICERS
Chapter : 52:27EE-5.
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52:27EE-5. Powers and duties of Public Advocate.
5. Powers and duties of Public Advocate.
The Public Advocate as administrator and chief executive officer of the department shall:
a. administer the work of the department;
b. appoint and remove such officers, investigators, stenographic and clerical assistants and other personnel as may be required for the conduct of the department, subject to the provisions of Title 11A of the New Jersey Statutes, Civil Service, and other applicable statutes, except as provided otherwise herein;
c. adopt, issue and promulgate, in the name of the department, such rules and regulations as may be necessary, consistent with the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.);
d. formulate and adopt rules and regulations for the efficient conduct of the work and general administration of the department, its officers and employees;
e. institute or cause to be instituted such legal proceedings or processes consistent with the rules governing the courts of New Jersey and the practice of law therein as may be necessary to properly enforce and give effect to any of his or her powers or duties;
f. have the authority to issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers and other documents, and administer oaths to witnesses in any matter under the investigation of the office. If any person to whom such subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers or other documents required, the public advocate may apply to the Superior Court, which may order the person to appear and give testimony or produce the books, papers or other documents, as applicable;
g. prepare schedules of rates to be paid for services rendered other than by the staff, taking into account the nature of the services, the time involved, the skill and experience required and other pertinent factors;
h. make such reports of the department@s operation as the Governor or the Legislature shall from time to time request, or as may be required by law. In addition, the Public Advocate shall report to the Governor and the Legislature annually with respect to such matters relating to the work of the Public Advocate and at such times as he or she may deem in the public interest. This report shall describe the matters and activities involving the Department of the Public Advocate, its divisions and offices, including the status and description of significant cases that have been litigated, mediated, or otherwise administered by the Public Advocate. This report shall include an analysis on the costs and benefits of the litigation brought by the Public Advocate, and include any recommendations for administrative or legislative action that he or she deems necessary or appropriate;
i. perform, exercise and discharge the functions, powers and duties of the department through such divisions or offices as may be established by this act or otherwise by law;
j. organize and coordinate the work of the department in such divisions or offices, not inconsistent with the provisions of this act, and in such other organizational units as he or she may determine to be necessary for efficient and effective operation;
k. integrate within the department, so far as practicable, all staff services of the department and of the several divisions and other offices therein;
l. maintain suitable headquarters for the department and such other quarters as he or she shall deem necessary to the proper functioning of the department;
m. except as otherwise provided by law, appoint division directors, office directors, and ombudspersons who are qualified by training and experience to direct, under the supervision of the Public Advocate, the several divisions and offices established pursuant to this act. Such division directors, office directors, and ombudspersons shall serve at the pleasure of the Public Advocate who shall fix their compensation within the limits of available appropriations;
n. adopt policies and procedures to manage any litigation so that the Public Advocate may reasonably ensure that all litigation matters are effectively managed by the relevant division overseeing such actions;
o. solicit and accept grants of funds from the federal government and from private foundations, and allocate or restrict the use of such funds as may be required by the grantor;
p. be the request officer for the department within the meaning of such term as defined in P.L.1944, c.112 (C.52:27B-1 et seq.);
q. hire independent counsel on a case-by-case basis to provide competent representation in light of the nature of the case, the services to be performed, the experience of the particular attorney and other relevant factors, notwithstanding the provisions of section 11 of P.L.1944, c.20 (C.52:17A-11) to the contrary;
r. consult with the child advocate prior to the exercise of the Public Advocate@s duties, or those of a division, office or ombudsperson, by commencing an investigation, legal proceeding or other matter, or taking an action, that may be co-extensive with the duties of the child advocate. The purpose of the consultation shall be to provide the child advocate with an opportunity to assist or collaborate with the Public Advocate on such investigation, legal proceeding, matter or action if the extent of the assistance or collaboration is within the powers and duties of the child advocate as those powers and duties are provided in this act. This requirement to consult the child advocate or the failure to do so in a timely manner shall not preclude or serve to restrict the Public Advocate in the performance of his duties, or those of a division, office or ombudsperson, at the Public Advocate@s discretion; and
s. perform such other functions as may be prescribed in this act or by any other law.
L.2005,c.155,s.5.
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