N.J. Admin. Code § 11:1-37.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 11:1-37.8 - Licensing examination

(a) Except as expressly provided by 11:1-37.4(a)2, all individual applicants, including sublicensee applicants, seeking a public adjuster license shall take and pass the State licensing examination, which may be administered by the Department or by a vendor under contract to the Department.

(b) Examinations shall be administered at such times and places as may be designated by the Commissioner. If a contract vendor is utilized it shall provide the Commissioner with at least 60 days prior notice of the dates and times of the scheduled examinations.

(c) As determined by the Commissioner, at least one examination administration center may be located in the geographical areas comprising North, South and Central New Jersey.

(d) Whenever a contract vendor is utilized it shall:

1. Establish at least one examination administration center within each geographical area designated by the Commissioner;

2. Provide sufficient examination center personnel for the administration of the examination;

3. Collect from applicants taking the examination a fee approved by the Commissioner which covers the costs of developing and administering the examination;

4. Score examinations promptly and provide scored reports to all candidates within 60 days after the test date; and

5. Provide to the Department:

i. Alphabetically arranged lists containing the candidates' names, addresses, identification numbers and scores of passing and failing candidates; and

ii. Summary statistics for each test, indicating the number of candidates registered, tested and absent, and passing or failing.

(e) The Department shall have the sole responsibility for establishing minimum qualification and passing requirements for candidates taking the licensing examination. The qualification and passing requirements shall be on file at the offices of the Department and shall be made available for public inspection.

(f) For good cause shown the Commissioner may, by order, require an applicant for licensure or a licensee to retake the State licensing examination. The order shall specify the factual circumstances upon which it is based. In the case of a licensee, a license shall remain effective pending the results of the new examination unless the license is otherwise subject to revocation or suspension.

1. A licensee or applicant for licensure may appeal the decision of the Commissioner within 10 days of receipt of the order, by filing with the Commissioner a written statement and supporting documentation, if any, disputing with specificity the allegations in the order.

2. Upon a review of the record, the Commissioner shall either rescind the order or require the licensee or applicant for licensure to retake the examination within a prescribed period of time.

i. If a licensee fails to retake the examination within the prescribed period of time, the Commissioner shall issue an Order to Show Cause why the license should not be revoked and shall advise the licensee of his or her right to a hearing pursuant to the provisions of the Administrative Procedure Act, 52:14B-1 et seq., as implemented by the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

ii. If an applicant for licensure fails to retake the examination within the prescribed period of time, the Commissioner shall refuse to issue the license for which application is made and shall advise the applicant for licensure of his or her right to a hearing pursuant to the provisions of the Administrative Procedure Act, 52:14B-1 et seq., as implemented by the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 11:1-37.8

Amended by R.2012 d.136, effective 7/16/2012.
See: 44 N.J.R. 32(a), 44 N.J.R. 1979(a).
In (a), deleted "i and ii" following "11:1-37.4(a)2".