N.J. Admin. Code § 13:1-10.2

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

Section 13:1-10.2 - Law enforcement pre-employment qualifications for licensure

(a) An applicant seeking appointment as a law enforcement officer or probationary law enforcement officer shall have the burden of providing documentation to the law enforcement unit to which they are applying, demonstrating that they:

1. Are 18 years of age or older;

2. Are a citizen of the United States, if required by the position;

3. Are a graduate of high school or the holder of a general educational development diploma;

4. Are the holder of a driver's license that is valid in New Jersey; and

5. If the applicant served in the military, did not receive a dishonorable discharge.

(b) An applicant shall provide to the law enforcement unit, under penalty of perjury, a completed application with a certification, that includes:

1. A waiver form that allows the Commission and the applicant's employing law enforcement unit to review the officer's employment-related information, including records, from any and all prior employed positions as well as internal affairs records, records of any complaints of discrimination, and records relating to any completed applications submitted to law enforcement units, even if the applicant was not employed by that law enforcement unit;

2. A list of all social media accounts knowingly maintained or used by the applicant, including those maintained under pseudonyms or aliases, within the previous five years, regardless of whether the account has been deleted or is otherwise no longer active, along with the user identity or screen name of the account. Inadvertent non-disclosure shall not serve as a basis for the initiation of an adverse licensing action;

3. A release granting the Commission and the applicant's employing law enforcement unit access to all such social media accounts.

i. Granting access may be achieved either through providing login credentials to the law enforcement unit's investigator, the Commission, or by logging-in in the presence of the investigator or the Commission, at the law enforcement unit's discretion.

ii. In order to allow for a meaningful review, once the initial applicant is notified by the law enforcement unit that their social media accounts will be accessed, the applicant cannot delete content until after the social media accounts are reviewed by the law enforcement unit. This review of the applicant's social media accounts shall be completed within 60 days from the date of notification;

4. A list of any foreign terrorist organization, domestic terrorist group, criminal organization, hate group, or a group that advocates for, espouses, or promotes the commission of acts of force and violence, or any other unlawful means, to overthrow of a local, state, or Federal government of the United States, which the applicant is or has participated with in the past five years, along with any leadership positions held in that organization; and

5. An acknowledgement that the applicant remains under a continuing obligation to provide necessary information or documentation and cooperation as may from time to time be reasonably requested by the Commission.

(c) An applicant seeking appointment as a law enforcement officer or probationary law enforcement officer shall submit to and successfully pass or complete the following:

1. A background investigation meeting the standards as set forth at N.J.A.C. 13:1-10.3;

2. A medical examination meeting the standards as set forth at N.J.A.C. 13:1-10.4;

3. A drug screening test meeting the standards as set forth at N.J.A.C. 13:1-10.5;

4. A psychological examination meeting the standards as set forth at N.J.A.C. 13:1-10.6; and

5. A physical ability test meeting the standards as set forth at N.J.A.C. 13:1-10.7.

(d) A determination by the law enforcement unit or school, as applicable, that an applicant failed to meet those standards enumerated at (c)1 through 5 above does not create a right of appeal before the Commission.

N.J. Admin. Code § 13:1-10.2

Adopted by 55 N.J.R. 1932(b), effective 9/5/2023

Amended by 56 N.J.R. 2083(c), effective 10/21/2024