N.J. Admin. Code § 12:121-6.1

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

Section 12:121-6.1 - Suspension or revocation of a crane operator's license or refusal to grant a license

(a) In addition to the grounds for license revocation as set forth in 45:1-21, the Commissioner may refuse to grant or may suspend or revoke a crane operator's license for any good cause within the meaning and purposes of the Act or this chapter or if that individual has:

1. Obtained a certification, registration, license or authorization to sit for an examination through fraud, deception, misrepresentation or under false pretense;

2. Fraudulently or deceitfully performed work for which a license is required under this Act;

3. Engaged in gross negligence or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any individual;

4. Caused or contributed in any manner which directly or indirectly resulted in an injury to a person or damage to property;

5. Engaged in repeated acts of negligence or incompetence;

6. Engaged in professional or occupational misconduct as may be determined by the Commissioner;

7. Been convicted of, or engaged in acts constituting, any crime or offense relating adversely to the licensing activity as may be determined by the Commissioner;

8. Been debarred from public contracting pursuant to 34:11-56.2 5 et seq.;

9. Had his or her authorization, certification, or license to engage in work as a crane operator revoked or suspended by any other state, the District of Columbia or a United States commonwealth, territory or possession, agency or authority;

10. Violated or failed to comply with the provisions of P.L. 2003, c. 171, 45:26-1 et seq., or this chapter, as may be determined by the Commissioner;

11. Demonstrated the incapacity or incapability, for medical reasons or any other good cause, of discharging the functions of a licensee in a manner consistent with public health, safety or welfare;

12. Engaged in present or past drug or alcohol use that is likely to impair the skill and safety necessary to operate a crane, or any duties pertaining thereto;

13. Facilitated, permitted, or allowed an unlicensed individual to perform an act for which a crane operator license, registration, authorization or certification is required, or aided and abetted an unlicensed individual in performing such an act;

14. Falsely or fraudulently advertised his or her services as a crane operator;

15. Acted in a manner which demonstrates incompetence;

16. Committed or caused the commission of any violation of P.L. 2003, c. 171, 45:26-1 et seq., or this chapter;

17. Loaned, abandoned, or allowed his or her license to pass from his or her personal control;

18. Violated an administrative order issued by the Commissioner; or

19. Demonstrated that he or she is unfit to hold a license for any valid reason as may be determined by the Commissioner.

(b) Any person who has his or her license suspended or revoked pursuant to this section shall not perform crane operations pursuant to that Act until the Department restores such license.

(c) The Commissioner may suspend or revoke a license for violations of this chapter provided that:

1. Written or oral notice of the violations is provided to the person; and

2. The person has the right to appeal through informal conference or formal hearing, or both, in accordance with the Administrative Procedure Act, P.L. 1968, c.410 (52:14B-1 et seq.) and the Uniform Administrative Procedure Rules (N.J.A.C. 1:1).

N.J. Admin. Code § 12:121-6.1