N.J. Admin. Code § 13:31A-1.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:31A-1.9 - Suspension, revocation or refusal to issue or renew license

(a) The Committee may, pursuant to the provisions of N.J.S.A. 45:1-14 et seq., the Act and this chapter, deny admittance to the fire alarm, burglar alarm or locksmith licensing examinations, deny, refuse to renew, suspend or revoke a license or issue a civil penalty under this section, upon proof that an applicant or licensee:

1. Has obtained a license through fraud, deception or misrepresentation;

2. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;

3. Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any person;

4. Has engaged in repeated acts of negligence, malpractice or incompetence;

5. Has engaged in professional misconduct as outlined in N.J.A.C. 13:31A-1.15;

6. Has been convicted of, or engaged in acts constituting, any crime in the first, second or third degree, or any crime relating adversely to the burglar alarm or fire alarm business or the provision of locksmithing services within 10 years prior to the filing of the application;

7. Has been convicted of the fourth degree offense of engaging in the unlicensed practice of electrical contracting;

8. Has had the authority to engage in the burglar alarm or fire alarm business or the provision of locksmithing services revoked or suspended by any other state, agency or authority for reasons consistent with this subsection;

9. Has had an application to engage in the installation or maintenance of fire protection equipment denied by the Department of Community Affairs, pursuant to N.J.S.A. 52:27D-25n et seq.;

10. Has violated or failed to comply with the provisions of any law or regulation administered by the Committee;

11. Is incapable, for medical or other good cause, of discharging the functions of a licensee in a manner consistent with the public health, safety and welfare;

12. Has violated any provisions of the New Jersey Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1 et seq., or any insurance fraud prevention act of another jurisdiction, or has been adjudicated, in civil or administrative proceedings, of violating N.J.S.A. 17:33A-1 et seq., or has been subject to a final order, entered in civil or administrative proceedings, that imposes civil penalties under that act against the applicant or the licensee;

13. Is presently engaged in drug or alcohol use that is likely to impair the ability to engage in the burglar alarm or fire alarm business or the provision of locksmithing services with reasonable skill and safety. For purposes of this subsection, the term "presently" means at this time or any time within the previous 365 days;

14. Has permitted an unlicensed person or entity to perform an act for which a license is required by the Committee or the Board, or aided and abetted an unlicensed person or entity in performing such an act; or

15. Advertised fraudulently in any manner.

(b) In addition to the consequences listed in (a) above, the Committee may impose additional or alternative penalties pursuant to N.J.S.A. 45:1-14 et seq. for violations of any provision of the Act and this subchapter.

(c) In addition to the express consequences of (a) and (b) above, the Committee may enforce consequences arising from actions taken by other statutory authorities.

(d) The denial, refusal to issue or renew, suspension or revocation of a license, and/or the issuance of a civil penalty under this section may be ordered by a decision of a majority of the Committee after notice and an opportunity to be heard in accordance with the Administrative Procedure Act, N.J.S.A 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(e) An application may be made to the Committee for reinstatement of a revoked license if the revocation has been in effect for at least one year. The reinstatement shall be granted upon an affirmative vote by a majority of the Committee.

N.J. Admin. Code § 13:31A-1.9