N.J. Admin. Code § 8:43I-3.3

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

Section 8:43I-3.3 - Disqualification of applicants and persons seeking to renew certifications

(a) A person shall be disqualified from certification as a personal care assistant if they have been convicted of any of the following crimes and offenses, unless the person has demonstrated rehabilitation in accordance with 8:43I-3.4:

1. In New Jersey, any crime or disorderly persons offense:

i. Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in 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 the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in 2C:24-1 et seq.;

iii. Involving theft as set forth in 2C:20-1 et seq.; or

iv. Involving any controlled dangerous substance or controlled dangerous substance analog as set forth in 2C:35-1 et seq., but not including those offenses defined at 2C:35-10(a)4 (possession of less than 50 grams of marijuana and possession of less than five grams of hashish).

2. In any other state or jurisdiction, of conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in (a)1 above.

3. For the purposes of this chapter, conviction of an inchoate act as defined by 2C:5-1 and 2C:5-2, related to any crime or disorderly persons offense listed in (a)1 above shall be construed to be a conviction of the offense attempted or conspired to.

(b) A person shall be disqualified from certification if the person refuses to consent to, or cooperate in, the securing of a criminal history record background check, inclusive of failure to respond to written requests for additional information or failing to complete the required fingerprint appointment to obtain the fingerprint impressions needed to comply with this chapter.

(c) A person shall be disqualified from certification if that person files a false sworn statement in the application described at 8:43I-3.1(a), and shall not be permitted to request a determination of rehabilitation as defined at 8:43I-3.4.

N.J. Admin. Code § 8:43I-3.3