N.J. Admin. Code § 5:10-1B.7

Current through Register Vol. 57, No. 1, January 6, 2025

Section 5:10-1B.7 - Revocation of licensure and alternative sanctions

(a) The Bureau may suspend or revoke a license, and/or assess a civil penalty of not more than $ 500.00, if the Bureau determines that the holder:

1. Has violated any of the provisions of the Act or rules;

2. Has obtained a license by fraud or misrepresentation, or the person named in the license has obtained it by fraud or misrepresentation;

3. Has aided or abetted in practice as a licensed enforcement official or inspector any person not authorized to practice as an enforcement official or inspector under the provisions of these rules;

4. Has fraudulently or deceitfully practiced as a licensed enforcement official or inspector;

5. Has been grossly negligent or has engaged in misconduct in the performance of any of his or her duties;

6. Has failed, over a period of time, to maintain a minimally acceptable level of competence;

7. Has been found to have failed to report an offer or bribe or other factor in a proceeding under the Act or other appropriate law of this or any other State or jurisdiction;

8. Has failed to comply with any order issued by the Department;

9. Has made a false or misleading written statement, or has made a material omission in any submission to the Department; or

10. Has failed to enforce the Act or rules.

(b) The Bureau, in addition or as an alternative, as the case may be, to revoking or suspending a license, or assessing a penalty, may issue a letter or warning, reprimand, or censure with regard to any conduct which, in the judgment of the Bureau, warrants a letter of warning, reprimand, or censure. Such letter, in addition to any other filing requirements, shall be made a part of the licensing file of the individual.

(c) Conviction of a crime, or an offense in connection with the practice as a licensed enforcement official or inspector, shall result in revocation of a license.

(d) Any sanctions imposed by the Division of Codes and Standards pursuant to N.J.S.A. 52:27D-119 et seq. or the Division of Fire Safety pursuant to N.J.S.A. 52:27D-192 et seq. shall constitute grounds for imposition of sanctions under this section.

(e) Any person aggrieved by any action of the Bureau pursuant to this chapter shall be entitled to a hearing before the Office of Administrative Law in accordance with the Administrative Procedure Act as provided in N.J.A.C. 5:10-1B.1.

N.J. Admin. Code § 5:10-1B.7