N.J. Admin. Code § 13:20-18.9

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

Section 13:20-18.9 - Denial, suspension, or revocation of provider license; administrative penalties

(a) After due notice in writing, in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq., the Chief Administrator may deny issuance or renewal of a license or may suspend or revoke a license on the basis of any of the following criteria:

1. Any reason specified in this subchapter or failure of the applicant or licensee to comply, or continue to comply, with any of the provisions of this subchapter;

2. Failure of the applicant or licensee to provide information or documentation required by this subchapter or requested by the Chief Administrator, or concealment of a material fact by the applicant or licensee, or the supplying of information that is untrue or misleading as to a material fact;

3. The conviction of an individual owner, or any partner, officer, director, or stockholder of a provider, or of an entity seeking provider licensure, of any offense in any jurisdiction that would be:

i. Any of the following offenses under the "New Jersey Code of Criminal Justice," P.L. 1978, c. 95 (Title 2C of the New Jersey Statutes) as amended and supplemented:

(1) All crimes of the first degree;

(2)2C:5-1 (attempt to commit an offense which is listed in this subparagraph);

(3)2C:5-2 (conspiracy to commit an offense which is listed in this subparagraph);

(4)N.J.S.A. 2C:11-4b (manslaughter);

(5)2C:11-5 (vehicular homicide);

(6)N.J.S.A. 2C:12-1b (aggravated assault);

(7)2C:13-1 (kidnapping);

(8)2C:14-1 et seq. (sexual offenses);

(9)2C:15-1 (robberies);

(10)N.J.S.A. 2C:17-1a and b (crimes involving arson and related offenses);

(11)N.J.S.A. 2C:17-2a and b (causing or risking widespread injury or damage);

(12)2C:18-2 (burglary);

(13)2C:20-1 et seq. (theft and related offenses);

(14)2C:21-1 et seq. (forgery and fraudulent practices);

(15)N.J.S.A. 2C:21-4a (falsifying or tampering with records);

(16)2C:24-4 (child endangerment);

(17)2C:24-9 (use of minor to commit criminal offense);

(18)2C:27-1 et seq. (bribery and corrupt influence);

(19)2C:28-1 et seq. (perjury and other falsification in official matters);

(20)2C:30-2 and 3 (misconduct in office and abuse of office);

(21)2C:35-5 (manufacturing, distributing or dispensing a controlled dangerous substance or a controlled dangerous substance analog);

(22)2C:35-6 (employing a juvenile in a drug distribution scheme);

(23)2C:35-7 (distributing, dispensing, or possessing a controlled dangerous substance or controlled substance analog on or within 1,000 feet of school property or bus);

(24)2C:35-10 (possession, use or being under the influence of a controlled dangerous substance or a controlled substance analog, or failure to make lawful disposition of same);

(25)2C:35-11 (distribution, possession or manufacture of imitation controlled dangerous substances); or

(26)2C:35-13 (acquisition of controlled dangerous substances by fraud); or

ii. Any other offense under New Jersey or Federal law that indicates that licensure of the applicant or continued licensure of the licensee would be inimical to the licensing standards set forth in this subchapter;

4. The failure of an individual owner, or any partner, officer, director or stockholder of a provider, or of an entity seeking provider licensure, to notify the Commission that he or she has been arrested for, charged with, indicted for, or convicted of any of the offenses enumerated in (a)3 above within 14 days after the date of such event;

5. The commission, by an individual owner, or any partner, officer, director or stockholder of a provider, or of a person seeking provider licensure, of any act or acts that would constitute any offense under (a)3 above, even if such conduct has not resulted in a conviction, or has not or may not be prosecuted under the laws of this State; or

6. In the absence of a conviction, the Chief Administrator shall refuse to issue or shall revoke or suspend the license of any person arrested for, charged with, or indicted for any crime or other offense if the Chief Administrator determines that such person is of bad character or is morally unfit to retain the privilege of holding a driver education provider or instructor license, or is a potential danger to students.

(b) In addition to the authority to deny, suspend, or revoke a license, the Chief Administrator may impose a fine of not less than $ 250.00 nor more than $ 500.00 for a first offense and not less than $ 500.00 nor more than $ 1,000 for any subsequent offense upon the holder of a license for a violation of any provision of this subchapter.

N.J. Admin. Code § 13:20-18.9

Recodified from N.J.A.C. 13:19-14.9 by R.2014 d.008, effective 1/6/2014.
See: 45 N.J.R. 842(a), 46 N.J.R. 103(c).
Former N.J.A.C. 13:20-18.9 was reserved.