N.J. Admin. Code § 10A:71-9.7

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

Section 10A:71-9.7 - Revocation of certificate

(a) In accordance with 2A:168A-11, a certificate granted pursuant to 2A:168A-7 shall no longer be valid if the person who is the subject of the certificate is indicted for a first or second degree crime or convicted of a crime.

(b) Upon presentation of satisfactory proof that the criminal charges or indictment have been dismissed, or of an acquittal after trial, a certificate revoked under the circumstances described in (a) above may be reinstated by the Board.

(c) A certificate may be revoked at any time upon application of the prosecutor or on the Board's own initiative when information is received that circumstances have materially changed, such that the relief would not be authorized under 2A:168A-7 et seq., or is no longer in the public interest.

(d) A person who is the subject of a certificate shall be provided written notice prior to the Board rendering a decision to revoke the certificate. The person who is the subject of the certificate may provide a written statement for consideration by the Board as to why the certificate should not be revoked. The written statement must be received by the Board within 21 days of the person who is the subject of a certificate receiving the Board's notice. If a written statement is not received within the specified time period, the Board may proceed to consider the matter.

(e) The notice provided pursuant to (d) above shall not be required if the basis for revocation of the certificate is an indictment for a first or second degree crime or the conviction for the commission of a crime.

(f) Upon notice of the decision by the Board to revoke a certificate, the person who is the subject of the certificate shall surrender the certificate to the Board.

N.J. Admin. Code § 10A:71-9.7