N.J. Admin. Code § 7:3A-9.2

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

Section 7:3A-9.2 - Suspension of business registration

(a) The Board may suspend the registration of any registered business, after notice as set forth at N.J.A.C. 7:3A-9.7 and a hearing as set forth at N.J.A.C. 7:3A-10.1, where:

1. The business is found in violation of the canons of professional ethics and standards of conduct set forth at N.J.A.C. 7:3A-8.3(a);

2. The business is found in violation of the industry standards of practice or safety requirements as set forth at N.J.A.C. 7:3A-8.1(a);

3. The business has engaged in wrongful conduct as defined at N.J.A.C. 7:3A-8.3(c);

4. The business has failed to demonstrate that the employer, or at least one employee in each principal office and branch office location who is responsible for the supervision of workers in the performance of tree expert or tree care operator services, is in possession of a tree expert license or a tree care operator license;

5. The business has failed to ensure the safe operation of all equipment used in the performance of tree expert or tree care operator services;

6. The business has failed to provide instruction and training for its employees as required by the Act and this chapter;

7. The business has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise, or false pretense in the course of business;

8. The business has been found guilty of gross negligence or incompetence;

9. The business has had the authority to engage in tree expert or tree care operator services revoked or suspended by any other state, agency, or authority;

10. The business has failed to comply with the provisions of the Act or this chapter;

11. The business has engaged in any form of false or misleading advertising or promotional activities; or

12. The business has failed to maintain records required by the Board.

(b) In determining whether to suspend a registration and, if so, the length of suspension, the Board will consider the facts and circumstances of the particular case, as well as the severity, frequency, and duration of the violation.

(c) The notice of suspension issued by the Board shall set forth the violation and the length of time for which the suspension will be in effect.

(d) Any business that has had its registration suspended must surrender its registration certificate to the Board within 10 business days from the date the suspension takes effect.

(e) Any business that has had its registration suspended may not advertise, operate, or perform any tree care services for hire in New Jersey while its registration is suspended.

(f) Any business that has had its registration suspended, may reapply for registration on or after the date, if any, set forth in the notice of suspension issued by the Board when the business is eligible to reapply for registration. The reapplication process shall include the submission of all forms and fees required by N.J.A.C. 7:3A-2 and 6.

N.J. Admin. Code § 7:3A-9.2

Adopted by 49 N.J.R. 743(a), effective 4/17/2017