N.J. Admin. Code § 13:45A-34.4

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

Section 13:45A-34.4 - Disqualifying crimes; petition for review

(a) A person whose criminal history record background check reveals a conviction for any of the following crimes and offenses shall be disqualified from owning or being employed by an international labor matching organization or an international matchmaking organization:

1. If the conviction was in New Jersey for a crime:

i. Involving danger to the person as set forth in N.J.S.A. 2C:11-1 et seq., 2C:12-1 et seq., 2C:13-1 et seq., 2C:14-1 et seq., or 2C:15-1 et seq.;

ii. Against others, including family and children, as set forth in N.J.S.A. 2C:24-1 et seq., or of domestic violence as set forth in N.J.S.A. 2C:25-17 et seq.;

iii. Involving theft as set forth in N.J.S.A. 2C-20-1 et seq.;

iv. Involving any controlled dangerous substance or analog as set forth in N.J.S.A. 2C:35-1 et seq., except N.J.S.A. 2C:35-10.a.(4);

v. Involving terrorism as set forth in N.J.S.A. 2C:38-1 et seq.; or

vi. Involving prostitution and related offenses as set forth in N.J.S.A. 2C:34-1; or

2. If the conviction was in another state or jurisdiction for conduct constituting any of the crimes described in (a)1 above under equivalent statutes in that state or jurisdiction.

(b) An owner, prospective owner, or employee who is notified by the Division that his or her criminal history record background check has revealed a disqualifying criminal conviction may, within 30 days after receipt of that notice, petition the Division for a review of his or her application. The request shall be in writing and shall cite reasons to substantiate the request for review, which may include, challenging the accuracy of the reported criminal record information or the submission of clear and convincing evidence of rehabilitation.

(c) In determining whether an applicant has affirmatively demonstrated rehabilitation, the Director shall consider the following:

1. The nature and seriousness of the offense;

2. The circumstances under which the offense occurred;

3. The date of the offense;

4. The age of the person when the offense was committed;

5. Whether the offense was repeated;

6. Social conditions that may have contributed to the offense; and

7. Any evidence of rehabilitation, including good conduct in the community; counseling, psychological, or psychiatric treatment; additional academic or vocational training; or personal recommendations.

(d) Within 30 days of being notified by the Division that an owner or employee's criminal history record background check has revealed a disqualifying criminal conviction, an international labor matching or matchmaking organization shall submit a certification that the owner or employee is no longer associated with the organization. Failure to comply with the requirements of this subsection may result in the suspension or revocation of the organization's registration and/or the imposition of penalties pursuant to N.J.S.A. 45:8-1 et seq.

N.J. Admin. Code § 13:45A-34.4