N.J. Admin. Code § 17:12-6.7

Current through Register Vol. 56, No. 9, May 6, 2024

Section 17:12-6.7 - Conditions for suspension of a person(s)

(a) The following conditions concerning suspension are to be adhered to:

1. Suspension shall be imposed only upon approval of the Director and upon approval of the Attorney General, except as otherwise provided by law.

2. The existence of any cause for suspension shall not require that a suspension be imposed, and a decision to suspend shall be made at the discretion of the Director and of the Attorney General and shall be rendered in the best interests of the State.

3. Suspension shall not be based upon unsupported accusation, but upon adequate evidence that cause exists or upon evidence adequate to create a reasonable suspicion that cause exists.

4. In assessing whether adequate evidence exists, consideration shall be given to the amount of credible evidence which is available, to the existence or absence of corroboration as to important allegations, and to inferences which may properly be drawn from the existence or absence of affirmative facts.

5. Reasonable suspicion of the existence of a cause described in 17:12-6.3(a)1 through 8 may be established by the rendering of a final judgment or conviction by a court or administrative agency of competent jurisdiction, by grand jury indictment, or by evidence that such violations of civil or criminal law did in fact occur.

6. A suspension invoked by another agency for any of the causes described in 17:12-6.3 may be the basis for the imposition of a concurrent suspension by the Director, who may impose such suspension without the approval of the Attorney General.

N.J. Admin. Code § 17:12-6.7

Emergency amendment, R.1989 d.481, effective 8/14/1989 (expired October 13, 1989).
See: 21 N.J.R. 2810(a).
Recodified from 17:12-7.6.
Adopted concurrent proposal, R.1989 d.554, effective 10/13/1989.
See: 21 N.J.R. 2810(a), 21 N.J.R. 3545(b).
Provisions of emergency amendment R.1989 d.481 readopted without change.
Recodified from N.J.A.C. 17:12-6.6 and amended by R.1999 d.407, effective 11/15/1999.
See: 31 N.J.R. 2301(a), 31 N.J.R. 3742(b).
In (a), deleted references to designees of the Attorney General throughout, changed N.J.A.C. references in 5 and 6, and substituted a reference to the Director for a reference to P and P in 6. Former N.J.A.C. 17:12-6.7, Procedures, period of suspension and scope of suspension affecting the suspension of a person(s), recodified to N.J.A.C. 17:12-6.8.