N.J. Admin. Code § 19:42A-3.1

Current through Register Vol. 56, No. 16, August 19, 2024

Section 19:42A-3.1 - Burden of proof

(a) An applicant or respondent shall have the affirmative obligation to establish by clear and convincing evidence satisfaction of the applicable affirmative standards set forth in the Act and rules of the Commission for licensure or individual qualification.

(b) The Division shall have the affirmative obligation to establish by a preponderance of the evidence the disqualification, pursuant to 5:12-86, of an applicant, licensee, or individual qualifier requested in accordance with N.J.A.C. 19:42A-2.2(a)1 or 2.

(c) The Division shall have the affirmative obligation to establish by a preponderance of the evidence the grounds for suspension of an applicant, licensee, or individual qualifier requested in accordance with N.J.A.C. 19:42A-2.2(a)3.

N.J. Admin. Code § 19:42A-3.1