N.J. Admin. Code § 11:5-12.15

Current through Register Vol. 56, No. 24, December 18, 2024

Section 11:5-12.15 - Denials, suspension or revocation of approvals

(a) The Commission may conduct investigations as may be necessary to enforce the provisions of N.J.S.A. 45:15-16.2a et seq. and this subchapter and may deny an application for approval and issue a reprimand to or suspend or revoke the approval of a real estate continuing education provider, instructor, including an instructor otherwise deemed approved pursuant to N.J.A.C. 11:5-12.1 0, or course, as applicable, if it is determined that:

1. An applicant, an instructor or a provider, individually or through any of the provider's employees, has failed to comply with applicable law or this subchapter;

2. A course submitted for approval or previously approved does not adequately reflect and present current and accurate information;

3. The provider or instructor or applicant for approval has engaged in misrepresentation in advertising or otherwise;

4. The provider or instructor has failed to timely and accurately download data on course completion;

5. The provider or instructor or applicant for approval has included false information in an application or reported false data to the Commission or its designee;

6. The provider or instructor is affiliated with a real estate broker or broker-salesperson licensee that has used or threatened to use a penalty or other form of coercion to compel a licensee to take a continuing education course from the affiliated provider or instructor;

7. A payment to the Commission was dishonored or, if made by credit card, reversed;

8. The provider or instructor has been disciplined by the Commission or any other occupational licensing agency in New Jersey or another jurisdiction;

9. The provider has collected money from licensees for a continuing education course, but refused or failed to provide the promised instruction; or

10. The provider or instructor has provided to a licensee any false or misleading information related to real estate licensing or education matters or to the licensee's education needs or license status.

(b) In the event that a provider or instructor who is also a New Jersey real estate licensee is found to have engaged in any of the conduct set forth in (a) above, the provider or instructor shall also be subject to discipline pursuant to N.J.S.A. 45:15-17 or 45:15-10.11, as applicable.

(c) If an application for approval is denied or disciplinary action is initiated, written notice of the grounds for denial, suspension or revocation of approval shall be issued by the Commission to the affected party. The applicant or respondent shall thereafter have the opportunity to be heard by the Commission in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

N.J. Admin. Code § 11:5-12.15