N.J. Admin. Code § 13:69B-1.3

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

Section 13:69B-1.3 - Right to a hearing

(a) The Division shall not deny, refuse to allow retention of or revoke any license or registration or place a candidate on the exclusion list unless it has first afforded the licensee, registrant or candidate for exclusion an opportunity for a settlement conference, followed by a hearing upon failure to reach a settlement with the Division, in accordance with law and the rules of the Division.

(b) When the Division has authority under the Act or the rules of the Division to suspend a license or registration without first holding a hearing, it shall promptly upon exercising such authority afford the licensee or registrant an opportunity for:

1. A settlement conference with the Division; and

2. Upon failure to reach a settlement with the Division, a hearing in accordance with law and the rules of the Division.

(c) This section shall not apply where:

1. The Act provides that the Division is not required to grant a hearing in regard to the refusal to allow retention of a license or registration; or

2. The Division is required by law to refuse to allow retention of a license or registration without exercising any discretion in the matter on the basis of a judgment of a court of competent jurisdiction.

N.J. Admin. Code § 13:69B-1.3