26:2Q-5. Denial, suspension, conditions upon, revocation, refusal to renew certification

312 words·~1 min read·/nj/title-26/chapter-2q/26-2q-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

5. a. The department may deny, suspend, impose conditions upon, revoke, or refuse to renew a certification for good cause, including but not limited to, the department's finding that:

(1)a person has obtained a certification based upon a misrepresentation or fraud;

(2)a person performed work without a certification as required in section 3 of P.L.1993, c.288 (C.26:2Q-3);

(3)a person engaged in unsafe work practices, violated the rules promulgated by the Department of Community Affairs pursuant to sections 14 through 24 of P.L.1993, c.288 (C.52:27D-427 through C.52:27D-437), failed to obtain a permit pursuant to the Uniform Construction Code, N.J.A.C.5:23-1.1 et seq. or acted in a manner which posed a health risk to others;

(4)the quality of the person's performance is below standards set by the department and remedial measures such as consultation and training are not accepted or do not result in improvement to a level of acceptable proficiency;

(5)a person made false reports or reports not based on work done;

(6)a person knowingly authorized or permitted the use of the name of a certified person to an uncertified person;

(7)a person falsely represented his certification credentials; or

(8)a person has violated any provision of sections 1 through 12 of P.L.1993, c.288 (C.26:2Q-1 through C.26:2Q-12).

b. An applicant or certificate holder whose application or certification is denied, suspended, conditionally issued, revoked or not renewed is entitled to a hearing pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

c. Denial of, suspension of, imposition of conditions upon, revocation of, or refusal to renew a certification shall not limit the department from pursuing against the applicant or certificate holder any other lawful remedy available to the department.

d. Any person whose certification has been revoked shall be ineligible to apply for certification for three years from the date of revocation.

L.1993,c.288,s.5.