N.J. Admin. Code § 13:1-4.5

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

Section 13:1-4.5 - Certification

(a) Initial instructor certifications and renewals shall expire on December 31 of the third year of the initial certification or renewal. As a condition of recertification, an instructor must teach at least once per calendar year during the prior certification period at a Commission-approved school and receive the endorsement of the school director where the instructor taught.

(b) Certifications are granted at the discretion of the Commission. The Commission may withdraw a certification at any time or deny its renewal for good cause. The Commission may impose any conditions it deems necessary with respect to any certification or renewal. The granting of a certification by the Commission does not provide the instructor with any employment rights with respect to the Commission, the school at which the instructor teaches, or at the instructor's employing agency.

(c) A certification may be suspended or revoked by the Commission for any of the following reasons:

1. The instructor has violated the Standards of Conduct for Instructors adopted by the Commission;

2. The instructor has been charged with or convicted of a crime or disorderly or petty disorderly persons offense or its equivalent in this State, another state, or the United States. For purposes of this paragraph, admission into a pre-trial diversion program will provide the Commission with the basis to suspend or revoke an instructor's certification;

3. The instructor is under investigation by a law enforcement agency of this State, another state, or the United States for the Commission of a crime or disorderly persons offense or its equivalent;

4. The instructor is the subject of major disciplinary action by the instructor's employing agency or disciplinary action has been imposed by the instructor's agency;

5. The instructor has at any time engaged in misconduct or other inappropriate behavior that reflects adversely on the law enforcement profession, the Commission, or the school at which the instructor teaches; or

6. Other good cause.

(d) Instructors have an affirmative duty to advise the school director and the Commission if he or she is the subject of a criminal investigation or a major disciplinary action. Instructors have a corresponding affirmative duty to advise the school director and the Commission that he or she has received major discipline, has been convicted of a crime or a disorderly persons offenses or its equivalent in this State, another state, or the United States, or has applied for or been enrolled in a pre-trial diversion program.

(e) An instructor denied certification or renewal, or whose certification was withdrawn by the Commission, may appeal the decision to the Commission in accordance with the provisions of the Administrative Procedure Act, 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 13:1-4.5

Amended by R.1989 d.485, effective 9/18/1989.
See: 21 N.J.R. 1647(b), 21 N.J.R. 3019(a).
In (a): added "instructor" describing certifications and changed "granting and renewal" year to "third year." Added text: "... after the ... each year."
Amended by R.1993 d.325, effective 7/6/1993.
See: 25 N.J.R. 1336(a), 25 N.J.R. 2897(a).
Amended by R.1998 d.330, effective 7/6/1998.
See: 30 N.J.R. 1182(a), 30 N.J.R. 2506(a).
Amended by R.2013 d.012, effective 1/22/2013.
See: 44 N.J.R. 1954(a), 45 N.J.R. 124(a).
In (a), inserted "and receive the endorsement of the school director where the instructor taught"; rewrote (b) and (c); and added (d) and (e).

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