N.J. Admin. Code § 7:3A-9.4

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

Section 7:3A-9.4 - Suspension of license

(a) The Board may suspend an individual's license, after notice as set forth at N.J.A.C. 7:3A-9.7 and a hearing as set forth in N.J.A.C. 7:3A-10.1, where:

1. The individual is found in violation of the canons of professional ethics and standards of conduct set forth at N.J.A.C. 7:3A-8.2(a);

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

3. The individual has engaged in wrongful conduct as defined at N.J.A.C. 7:3A-8.2(c);

4. The individual has obtained a license or authorization to sit for an examination through fraud, deception, or misrepresentation;

5. The individual has conducted work, or allowed work to be conducted under his or her supervision, in a manner not in compliance with standards approved by the Board;

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

7. The individual has engaged in gross negligence or gross incompetence;

8. The individual has engaged in repeated acts of negligence or incompetence;

9. The individual has engaged in occupational misconduct, as determined by the Board;

10. The individual has been convicted of any crime involving moral turpitude, any crime related adversely to the activities regulated by the Board, or any crime of the first, second, third, or fourth degree;

11. The individual has had his or her authority to engage in the activities regulated by the Board revoked or suspended by any other state, agency , or authority;

12. The individual has failed to comply with the provisions of the Act or any rule promulgated pursuant thereto;

13. The individual is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the health, safety, and welfare of the public;

14. The individual has engaged in any form of false or misleading advertising or promotional activities, including, but not limited to, holding himself or herself out to be a licensed tree expert, an arborist, licensed tree care operator, a tree surgeon, a tree care business, or any similar designation, or using the abbreviation "L.T.E." or "L.T.C.O." without being licensed as a tree expert or a tree care operator; or

15. The individual has failed to maintain records required by the Board.

(b) In determining whether to suspend a license and, if so, the length of the period 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 remain in effect.

(d) An individual who has had his or her license suspended must surrender his or her certificate to the Board within 10 business days from the date the suspension takes effect.

(e) Any individual who has had his or her license suspended may not represent himself or herself to the public to be licensed, including in any advertisement, and may not serve as a business's assigned licensee at its primary office or branch office during the period of suspension.

(f) The Board will notify the business that employs an individual whose license is suspended that the business may not, during the period of license suspension, consider its employment of the individual to satisfy its obligation under N.J.A.C. 7:3A-2.2(b) and 2.3(a) to assign at least one licensee to each principal office and to any branch office providing tree care services in New Jersey.

(g) Any individual that has had his or her license suspended may reapply for reinstatement on or after the date, if any, set forth in the notice of suspension issued by the Board when the individual is eligible to reapply for reinstatement. The reapplication process shall include the submission of all forms and fees required by N.J.A.C. 7:3A-3.2 and 3.6.

N.J. Admin. Code § 7:3A-9.4

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