N.J. Admin. Code § 8:70-8.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:70-8.1 - Enforcement of eligibility standards

(a) If any person appointed to or holding the position of, or being a candidate for appointment to, the position of county medical examiner, deputy or assistant county medical examiner or forensic pathologist, authorized by the State Medical Examiner to perform autopsies, pursuant to N.J.S.A. 52:17B-88, does not meet any of the eligibility standards set forth in N.J.A.C. 8:70-7, the State Medical Examiner shall declare him or her ineligible to perform the duties prescribed in N.J.A.C. 8:70-7 and the person shall cease to perform those duties pending a hearing and final resolution. If any such person fails to comply with any other provisions of the State Medical Examiner Act or administrative rules pertaining thereto, the State Medical Examiner shall declare him or her ineligible to perform the duties prescribed in N.J.A.C. 8:70-7 and the person shall cease to perform those duties pending a hearing and final resolution.

(b) If any county medical examiner, deputy or assistant county medical examiner or forensic pathologist authorized by the State Medical Examiner to perform autopsies, pursuant to N.J.S.A. 52:17B-88, having met the eligibility standards set forth in N.J.A.C. 8:70-7, has been demonstrated professionally incompetent to perform the duties of his or her office, the State Medical Examiner shall declare him ineligible to perform the professional duties of his or her office, or shall restrict the level of professional duties in accordance with the demonstrated level of professional competence of the examiner.

(c) As soon as practicable but no later than seven days from the date of the declaration of ineligibility or restriction of the duties, the State Medical Examiner shall give written notice of the declaration of ineligibility or restriction to the governing body of the county which appointed or is considering appointment of the officer.

(d) Any proceeding brought under this subchapter shall provide the county medical examiner, deputy or assistant county medical examiner or designated forensic pathologist with notice of the charges against him or her and afford him or her an opportunity to be heard, which shall conform with the provisions applicable to contested cases set forth in the Administrative Procedure Act, P.L. 1968, c.410 (N.J.S.A. 52:14B-1 et seq.); P.L. 1978, c.67 (N.J.S.A. 52:14-1 et seq.), and N.J.A.C. 1:1.

N.J. Admin. Code § 8:70-8.1

Amended by R.1989 d.110, effective 2/21/1989.
See: 20 N.J.R. 2856(b), 21 N.J.R. 447(a).
Substantially amended.