N.J. Admin. Code § 7:3A-9.5

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

Section 7:3A-9.5 - Revocation of license

(a) The Board may revoke 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 as 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, hold 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 revoke an individual's license and, if so, the length of the period until the individual may reapply for licensure, the Board will consider the facts and circumstances of the particular case, as well as the frequency and duration of the violation.

(c) The notice of revocation issued by the Board shall set forth the violation and the date, if any, on or after which the individual will be eligible to reapply for licensure.

(d) Any individual who has had his or her license revoked shall surrender his or her license to the Board within 10 business days from the date the revocation takes effect.

(e) Any individual whose license is revoked 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 a branch office.

(f) The Board will notify the business that employs an individual whose license is revoked that the business may not 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 who has had his or her license revoked, unless the revocation is final, may reapply for licensure on or after the date, if any, set forth in the notice of revocation issued by the Board when the individual is eligible to reapply for licensure. The reapplication process shall include the submission of all forms and fees required by N.J.A.C. 7:3A-3.2 for a licensed tree expert candidate or N.J.A.C. 7:3A-3.6 for a licensed tree care operator candidate.

N.J. Admin. Code § 7:3A-9.5

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