Job Specification 33356
CHIEF, BUREAU OF SECURITIES
UNCLASSIFIED
N.J.S.A. 49: 3-66
DEFINITION
Under direction of the Director, Division of Consumer Affairs,
Department of Law and Public Safety directs the activities of the
Bureau of Securities in administering the Uniform Securities Law (1967)
(N.J.S.A. 49:3-47 et seq), the Real Estate Syndication Law (N.J.S.A.
49:3-27 et seq) and the New Jersey Corporation Takeover Bid Disclosure
Law (N.J.S.A. 49:5-1 et seq); does related work as required.
EXAMPLES OF WORK:
Drafts and/or reviews drafts of proposed rules, and pursuant to
the Administrative Procedures Act, reviews and weighs comments from the
public after such proposed rules have been properly published.
Issues orders and proposed orders (censure, cease and desist,
revocation, suspension, denial, stop, etc.) in connection with
applications for registration and/or violation of the Securities Laws.
Initiates investigations in or out of State in order to determine
whether or not a violation has occured, is occuring or is about to
occur.
Issues or directs the issuance of subpoeneas to compel the
attendance of witnesses or the prosecution of documents.
Conducts hearings in connection with the issuance of orders or
proposed orders relating to the censure, cease and desist, revocation,
suspension, denial, stop, etc., and sits as hearing officer or
delegates such duties, and prepares written findings of fact and
conclusions of law in connection with such hearings.
Is responsible for deciding when a matter should be the subject of
injunctive proceedings and when to apply for the appointment of a
receiver.
Refers appropriate matters to the Division of Criminal Justice in
connection with any administrative action so as not to jeopardize the
conduct or outcome of a criminal matter.
Prepares replies, formal or informal, oral or written, to
inquiries from registrants, complainants, attorneys, members of other
regulatory agencies or the general public concerning the operation and
effect of securities laws in any given set of circumstances.
Prepares and justifies budget requests.
Prepares comments on or drafts proposed legislation concerning the
securities laws or proposed laws affecting the operation of the
securities laws or the Bureau of Securities ability to carry out the
provision of such laws.
Reviews or directs the review of registrations statements,
advertising or other material and exhibits filed therewith in
connection with proposed securities offerings and gives comment
thereon.
Conducts meetings with and/or confers with the members of the
Securities Advisory Committee.
Maintains liaison with Securities Administrators of other States,
the Securities and Exchange Commission, the National Association of
Securities Dealers, Inc., stock exchanges and other regulatory agencies
in the securities field.
Organizes assigned technical and professional work, analyzes
operating procedural problems and develops effective work methods of
the office staff.
Makes detailed analyses of current and proposed laws, rules and
regulations pertaining to securities to determine their effectiveness.
May be required to learn to utilize various types of electronic
and/or manual recording and information systems used by the agency,
office, or related units.
REQUIREMENTS:
EXPERIENCE:
Five (5) years experience in securities practice, state and
federal, in private industry or government service, including
experience involving analysis of documents such as financial statements
or registration statements, two (2) years of which shall been in a
managerial capacity.
LICENSE:
Admission to practice as an attorney at law in the State of
New Jersey.
Appointees will be required to possess a driver's license
valid in New Jersey only if the operation of a vehicle, rather than
employee mobility, is necessary to perform the essential duties of the
position.
KNOWLEDGE AND ABILITIES:
Knowledge of the Uniform Securities Law (1967), the Real
Estate Syndication Offerings Law and the New Jersey Corporation
Takeover Bid Disclosure Law, including all regulations, interpretations
and policies of the aforementioned laws.
Knowledge of the Federal Securities Laws and regulations,
including the Securities Act of 1933, the Securities Exchange Act of
1934 and the Investment Company Act of 1940, and the securities laws of
the other states as well as a familiarity with general administrative
law.
Knowledge of and familiarity with modern theory, procedures,
techniques, literature and professional journals used with the
securities field.
Ability to analyze a set of facts, apply the applicable law
and to make a decision as to what course of action, if any, should be
taken.
Ability to assign employees of the Bureau of Securities to
various aspects of analysis of any problems and solicit from them views
and to solve or suggest answers to solutions to any problem creating an
impasse.
Ability to communicate to Bureau employees, attorneys,
registrants, and the general public the problems at issue, the
applicability of the relevent sections of the law and the reasoning
behind decisions made.
Ability to form settlements and to comment on a bona fide
offer or settlement in both contested and uncontested matters before
the bureau.
Ability to recognize matters involving possible violations of
the criminal law in relation to securities and to recommend such
matters to the Division of Criminal Justice with analysis, facts,
conclusions and recommendations.
Ability to review filings in connection with Real Estate and
Intra-state Offerings, applications for exemptions, filings and
requests for hearings under the Corporate Bid Takeover Disclosure Law
and general inquiries concerning the application of the laws
administered.
Ability to prepare and submit budget recommendations.
Ability to prepare detailed reports including facts, findings,
conclusions of laws and recommendations.
Ability to direct personnel in the performance of their
duties.
Ability to learn to utilize various types of electronic and/or
manual recording and information systems used by the agency, office, or
related units.
Ability to read, write, speak, understand, or communicate in
English sufficiently to perform the duties of this position. American
Sign Language or Braille may also be considered as acceptable forms of
communication.
Persons with mental or physical disabilities are eligible as
long as they can perform the essential functions of the job after
reasonable accommodation is made to their known limitations. If the
accommodation cannot be made because it would cause the employer undue
hardship, such persons may not be eligible.
CODES: A32-33356 JMR 3/15/94
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