45:5AAA-8 Licensure applicant, disclosure statement, crime, conviction.
607 words·~3 min read·
/nj/45-34A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
8. a. In addition to any other procedure, condition or information required by P.L.2023, c.237 (C.45:5AAA-1 et al.), every applicant for licensure shall file a disclosure statement with the board, pursuant to subsection d. of section 7 of P.L.2023, c.237 (C.45:5AAA-7), stating whether the applicant has been convicted of any crime, which for the purposes of P.L.2023, c.237 (C.45:5AAA-1 et al.) shall mean a violation of certain provisions of the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, or the equivalent under the laws of any other jurisdiction; provided, however, that an applicant shall not be disqualified from licensure or have a license suspended or revoked on the basis of any conviction disclosed, except as provided in subsection b. of this section or in sections 1 or 2 of P.L.2021, c.81 (C.45:1-21 and 45:1-21.5).
b. The board may refuse to issue or may suspend or revoke any license issued thereby or impose any of the additional, alternative remedies set forth in section 9 of P.L.1978, c.73 (C.45:1-22) or section 12 of P.L.1978, c.73 (C.45:1-25) upon proof that an applicant or a licensee:
(1)Has obtained a license through fraud, deception or misrepresentation;
(2)Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
(3)Has engaged in gross negligence, gross malpractice or gross incompetence;
(4)Has engaged in repeated acts of negligence, malpractice or incompetence;
(5)Has engaged in professional or occupational misconduct as may be determined by the board;
(6)Has been convicted of any crime or offense that has a direct or substantial relationship to the activity regulated by P.L.2023, c.237 (C.45:5AAA-1 et al.) or is of a nature such that licensure would be inconsistent with the public's health, safety, or welfare, provided that the board shall make this determination in a manner consistent with section 2 of P.L.2021, c.81 (C.45:1-21.5). For the purpose of this subsection, a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;
(7)Has had the authority to engage in the activity regulated by the board revoked or suspended by any other state, agency or authority for reasons consistent with this section;
(8)Has violated or failed to comply with the provisions of any State act, regulation or order administered or issued by the board or, other than traffic violations, by any other State agency; or
(9)Has engaged in any other conduct enumerated in section 8 of P.L.1978, c.73 (C.45:1-21).
c. At least 30 calendar days prior to denying an application for licensure or suspending or revoking a license pursuant to this section, the board shall notify the applicant or licensee of its intent to deny the application or suspend or revoke the license and afford the applicant an opportunity for a hearing in a manner provided for contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). If, however, the board intends to deny the application or suspend or revoke the license under paragraph
(6)of subsection b. of this section, the provisions of P.L.2021, c.81 (C.45:1-21.5) shall apply.
d. An applicant shall have the continuing duty to provide any assistance or information requested by the board, and to cooperate in any inquiry, investigation, or hearing conducted by the board.
e. If any of the information required to be included in the disclosure statement changes, or if additional information should be added after the filing of the statement, the applicant shall provide that information to the board, in writing, within 20 calendar days of the change or addition.
L.2023, c.237, s.8.