52:17B-71f Hearing over denial of initial, renewal license.
339 words·~2 min read·
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19. a. Except under circumstances set forth in subsection h. of section 14 of P.L.2022, c.65 (C.52:17B-71b) or subsection e. of section 18 of P.L.2022, c.65 (C.52:17B-71e), in all situations involving the imposition of an adverse license action by the commission as set forth in subsection b. of section 18 of P.L.2022, c.65 (C.52:17B-71e) or the denial of an initial or renewal license, the law enforcement officer shall, if requested by the officer, be entitled to a hearing in a manner prescribed in this subsection and in regulations as may be promulgated by the commission:
(1)The licensing committee may hear the matter or refer the matter to a hearing officer for fact finding and a recommended disposition;
(2)If the matter is referred to a hearing officer, the officer shall conduct a hearing and provide a written report to the licensing committee detailing the facts revealed and providing a recommended disposition; and
(3)The licensing committee shall review the hearing officer's report, vote on the proposed disposition, and make a recommendation to the full commission, which shall render a decision in writing to the law enforcement officer, or any other party participating in the hearing.
b. Any ruling of the commission adverse to the law enforcement officer or any party participating in the hearing may be appealed to the Superior Court within 45 days of receipt of the commission's decision on appeal. Absent an appeal to the Superior Court, all findings of the commission shall become final upon the expiration of the appeal deadline. Upon review on appeal to the Superior Court, the commission's decisions shall be upheld unless the court finds the commission's decision was arbitrary, capricious, or unreasonable, or the record was unsupported by substantial credible evidence.
c. The commission shall promulgate rules and regulations detailing the manner of the hearing and appeal process. The processes shall include, but not be limited to, the manner in which a hearing and appeal are initiated and the manner in which the hearing shall be conducted.
L.2022, c.65, s.19.