N.J. Admin. Code § 10:90-11.3

Current through Register Vol. 56, No. 18, September 16, 2024

Section 10:90-11.3 - Referral for administrative disqualification hearing

(a) Referral for an administrative disqualification hearing shall be made:

1. When the facts of the case do not warrant prosecution through the court system;

2. When a case previously referred for prosecution is declined by the appropriate legal authority; or

3. When no action has been taken on a case which has been referred for prosecution and the county or municipal agency has decided to formally withdraw the referral.

(b) A referral for an administrative disqualification hearing shall not be made against an individual whose case is currently being referred for prosecution, or subsequent to any action taken against the accused individual by a court of appropriate jurisdiction.

(c) IPV cases which are referred to the prosecutor and/or a court of appropriate jurisdiction and are handled through prosecution, pre-trial intervention, or are plea-bargained shall not be subsequently referred for an administrative disqualification hearing.

(d) The county or municipal agency shall consolidate an individual's fair hearing with an administrative disqualification hearing based on the same or related circumstances, provided that the individual receives prior notice of the consolidation.

N.J. Admin. Code § 10:90-11.3