39:8-49. Denial, suspension, revocation, refusal of renewal of private inspection facility license

326 words·~1 min read·/nj/title-39/chapter-8/39-8-49

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

9. a. The director may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), deny, suspend or revoke a private inspection facility license or refuse renewal thereof for cause, including but not limited to one or more of the following:

(1)Violation of any provision of P.L.1995, c.112 (C.39:8-41 et al.) or of any rule or regulation adopted pursuant thereto;

(2)Fraud or misrepresentation in securing the license or in the conduct of the licensed activity;

(3)Making initial inspection or reinspection service charges in excess of those posted on the licensed premises and filed with the director;

(4)Conviction of a crime involving fraud or moral turpitude;

(5)Violation of P.L.1960, c.39 (C.56:8-1 et seq.) or of any regulation adopted thereunder;

(6)Failure to successfully complete any training or testing requirements that are a prerequisite to licensure;

(7)Fraudulently, willfully or negligently performing an improper inspection on a motor vehicle;

(8)Failure to pay a fee required by law; or

(9)Other good cause.

b. If the director determines that the public interest requires immediate suspension of a private inspection facility license prior to hearing, the director may do so, provided that the private inspection facility licensee is afforded the opportunity to request in writing a hearing within 10 days of the effective date of the suspension, and an administrative adjudication shall be held as soon thereafter as possible. The ordered suspension shall become final if a written request is not received by the director within 10 days of service of the notice or the scheduled suspension or order of suspension as the case may be.

If the director determines it necessary to suspend a license prior to hearing and the private inspection facility licensee files a request for a hearing within the time prescribed by this section, the director may hold a preliminary hearing to determine whether sufficient cause exists to continue such suspension until a plenary hearing can be conducted.

L.1995,c.112,s.9.