N.J. Admin. Code § 13:20-43.18
Current through Register Vol. 56, No. 11, June 3, 2024
Section 13:20-43.18 - Suspension or revocation of emission inspector license; retraining and retesting; suspension pending hearing; schedule of penalties(a) A motor vehicle emission inspector license may be suspended or revoked for any of the following:1. Fraudulently, willfully, or negligently conducting an improper emission or OBD inspection of a motor vehicle;2. Violation of any provision of 39:8-1 et seq., N.J.A.C. 13:20-7, 13:20-32, 13:20-33, 13:20-44, 13:20-45, or this subchapter;3. Violation of any procedure established by the Motor Vehicle Commission or the Department of Environmental Protection for the conduct of emission or OBD inspections;4. Fraudulently, willfully or negligently issuing an improper certificate of approval, inspection decal, collector motor vehicle windshield sticker or rejection sticker;5. Fraudulent or improper recordkeeping relating to inspection certificates, decals or stickers;6. Fraudulent or improper recordkeeping relating to inspection certificate, decal or sticker inventory, control or ledgers; or(b) An emission inspector who fraudulently or willfully conducts an improper emission or OBD inspection of a motor vehicle shall be subject to a suspension of his or her emission inspector license for a period of at least six months. An emission inspector whose license is suspended pursuant to this section shall successfully complete refresher training and testing in accordance with 13:20-43.17(d) before such license is restored pursuant to this subchapter.(c) Any applicant who submits false information when applying for a motor vehicle emission inspector license may be disqualified from receiving the license. In addition, any licensee whose eligibility for a license was based on the submission of false information is subject to license suspension or revocation by the Motor Vehicle Commission.(d) A motor vehicle emission inspector license may be suspended immediately by the Chief Administrator upon a charge of a violation that directly affects emission reduction benefits or compromises the integrity of the inspection system. If the Chief Administrator determines that the public interest requires suspension of a license pursuant to this subchapter prior to hearing, the Chief Administrator may do so, provided that notice containing the reasons for such suspension and the effective date of the suspension is provided to the licensee in person, or by certified or regular mail, prior thereto and the licensee is afforded the opportunity to request in writing a hearing within 10 days of the effective date of the suspension. When a licensee requests an administrative adjudication it shall be held as soon thereafter as practicable. If the Chief Administrator determines it necessary to suspend a license prior to hearing and the licensee submits a request for a hearing within the time prescribed by this section, the Chief Administrator may require that a preliminary hearing be held or may refer the matter to the Office of Administrative Law for a preliminary hearing to determine whether sufficient cause exists to continue such suspension until a plenary hearing can be conducted.(e) Any hearing concerning the suspension, revocation, or refusal to issue or renew a motor vehicle emission inspector license shall be conducted in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.(f) The following penalty schedule shall apply to emission inspector licensees who violate P.L. 1995, c. 112, 39:8-1 et seq., N.J.A.C. 13:20-7, 32, 33, 44, 45 or this subchapter.1. For intentionally or willfully improperly passing a motor vehicle for any required portion of the emission test or OBD inspection in violation of rules or procedural requirements: | i. | Six month license suspension; plus $ 500.00 | first violation |
| civil penalty; plus mandatory retraining and |
| retesting |
| ii. | Two year license suspension; plus $ 1,000.00 | second violation |
| civil penalty; plus mandatory retraining and |
| retesting |
| iii. | Lifetime license revocation; plus $ 2,000.00 | third violation |
| civil penalty |
2. For gross negligence in passing a motor vehicle for any required portion of the emission test or OBD inspection in violation of rules or procedural requirements: | i. | Three month license suspension; plus $ 500.00 | first violation |
| civil penalty; plus mandatory retraining and |
| retesting |
| ii. | Six month license suspension; plus $ 750.00 | second violation |
| civil penalty; plus mandatory retraining and |
| retesting |
| iii. | Two year license suspension; plus $ 1,000.00 | third violation |
| civil penalty; plus mandatory retraining and |
| retesting |
| iv. | Lifetime license revocation; plus $ 2,000.00 | fourth violation |
| civil penalty |
3. For simple negligence in passing a motor vehicle for any required portion of the emission test or OBD inspection in violation of rules or procedural requirements: | i. | Two week license suspension; plus $ 500.00 | first violation |
| civil penalty; plus mandatory retraining and |
| retesting |
| ii. | One month license suspension; plus $ 500.00 | second violation |
| civil penalty; plus mandatory retraining and |
| retesting |
| iii. | Three month license suspension; plus $ 750.00 | third violation |
| civil penalty; plus mandatory retraining and |
| retesting |
| iv. | Six month license suspension; plus $ 750.00 | fourth violation |
| civil penalty; plus mandatory retraining and |
| retesting |
| v. | Two year license suspension; plus $ 1,000.00 | fifth and |
| civil penalty; plus mandatory retraining and | subsequent violations |
| retesting |
4. For misrepresentation on application (fraud or misrepresentation in securing the license):i. Three-year license denial or suspension5. For fraudulently affixing a certificate of approval, inspection decal, collector motor vehicle windshield sticker or rejection sticker: | i. | Immediate two-year license suspension; plus $ | first violation |
| 500.00 civil penalty |
| ii. | Immediate four-year license suspension; plus $ | second violation |
| 1,000.00 civil penalty |
| iii. | Lifetime license revocation; plus $ 2,000.00 | third violation |
| civil penalty |
6. For fraud or misrepresentation in the conduct of the licensed activity: | i. | Immediate two-year license suspension | first violation |
| ii. | Immediate four-year license suspension | second violation |
| iii. | Lifetime license revocation | third violation |
7. For issuance or possession of an altered, forged, stolen or counterfeit certificate of approval, inspection decal, collector motor vehicle windshield sticker, rejection sticker or emission inspector license: | i. | Two-year license suspension | first violation |
| ii. | Four-year license suspension | second violation |
| iii. | Lifetime license revocation | third violation |
8. For furnishing, lending, giving or selling a certificate of approval or rejection sticker without performing the required inspection or reinspection or an inspection decal or collector motor vehicle windshield sticker for a motor vehicle that does not qualify for the issuance of such decal or sticker: | i. | Two-year license suspension | first violation |
| ii. | Four-year license suspension | second and |
| subsequent violations |
9. For fraudulent recordkeeping: | i. | Immediate two-year license suspension | first violation |
| ii. | Immediate four-year license suspension | second violation |
| iii. | Lifetime license revocation | third violation |
10. For failing to produce inspection records:i. Immediate license suspension until compliance11. For improper recordkeeping: | i. | One-month license suspension | first violation |
| ii. | Two-month license suspension | second violation |
| iii. | Six-month license suspension | third and |
| subsequent violations |
12. For improper security of certificates of approval, inspection decals, collector motor vehicle windshield stickers and/or rejection stickers: | i. | Written warning | first violation |
| ii. | Two-month license suspension | second violation |
| iii. | Six-month license suspension | third and |
| subsequent violations |
13. For lost or stolen certificates of approval, inspection decals, collector motor vehicle windshield stickers and/or rejection stickers for which the licensee does not properly account. A licensee can "properly account" for such documents by demonstrating, to the satisfaction of the Chief Administrator, that they were lost or stolen under circumstances beyond the reasonable control of the licensee: | i. | One-month license suspension | first violation |
| ii. | Two-month license suspension | second violation |
| iii. | One-year license suspension | third and |
| subsequent violations |
14. For overcharging on inspection/reinspection: | i. | Written warning | first violation |
| ii. | 30-day license suspension | second violation |
| iii. | 60-day license suspension | third and |
| subsequent violations |
15. For failure to provide vehicle inspection report and/or work order to the customer: | i. | 30-day license suspension | first violation |
| ii. | 60-day license suspension | second violation |
| iii. | One-year license suspension | third and |
| subsequent violations |
16. For criminal conviction which is disqualifying: i. Indefinite denial/suspension Issuance/restoration predicated on standards set forth in the Rehabilitated Convicted Offenders Act (2A:168A-1 et seq.).
17. For lending an emission inspector license to another person: | i. | Two-year license suspension | first violation |
| ii. | Four-year license suspension | second and |
| subsequent violations |
18. For failing to produce an emission inspector license: | i. | Immediate cessation of licensed activity until | first violation |
| compliance; plus written warning |
| ii. | Immediate cessation of licensed activity until | second violation |
| compliance; plus $ 25.00 civil penalty |
| iii. | Immediate cessation of licensed activity until | third and |
| compliance; plus $ 50.00 civil penalty; plus | subsequent violations |
| 30-day license suspension |
19. For failing to cooperate with an audit or investigation: | i. | Minimum 15-day license suspension and until |
| compliance |
(g) Where, pursuant to 39:8-1 et seq., or any regulation adopted thereunder, the Chief Administrator has the authority to suspend, revoke, or refuse to issue or renew a motor vehicle emission inspector license, the Chief Administrator shall also have the authority to impose an official warning, as an alternative or in addition to such suspension, revocation or refusal to issue or renew.(h) A motor vehicle emission inspector whose license is suspended pursuant to this section or who receives an official warning from the Chief Administrator shall be required to successfully complete refresher training and testing in accordance with 13:20-43.17(d).N.J. Admin. Code § 13:20-43.18
Amended by R.2001 d.20, effective 1/16/2001.
See: 32 N.J.R. 3720(a), 33 N.J.R. 269(a).
In (a)4, inserted "or certificate of waiver" following "certificate of approval".
Amended by R.2001 d.358, effective 10/15/2001.
See: 33 N.J.R. 1894(a), 33 N.J.R. 3651(a).
In (a), rewrote 2; rewrote (b); in (e), substituted "issue" for "grant"; in (f), rewrote the introductory paragraph and 7, inserted 17 and 18; added (g) and (h).
Amended by R.2003 d.206, effective 5/19/2003.
See: 34 N.J.R. 2523(a), 35 N.J.R. 2251(b).
Inserted reference to OBD inspection following reference to emission test throughout.
Amended by R.2006 d.249, effective 7/3/2006.
See: 38 N.J.R. 386(b), 38 N.J.R. 2835(a).
In (a)3 and (c), substituted "Motor Vehicle Commission" for "Division"; and in (d), substituted "Chief Administrator" for "Director" throughout.
Amended by R.2009 d.312, effective 10/19/2009.
See: 41 N.J.R. 1674(a), 41 N.J.R. 3939(b).
In (a)4, substituted ", inspection decal, collector motor vehicle windshield sticker or rejection sticker;" for " or certificate of waiver; or"; added new (a)5 and (a)6; recodified former (a)5 as (a)7; in the introductory paragraph of (f), deleted "13:20-" preceding "32", preceding "33", preceding "44", and preceding "45" and deleted a comma following "45"; in the introductory paragraphs of (f)1, (f)2, and (f)3, deleted "or waiving" following "passing"; in the introductory paragraph of (f)5, inserted "a" and substituted "inspection decal, collector motor vehicle windshield sticker" for "certificate of waiver"; in the introductory paragraph of (f)7, deleted a comma following "stolen" and following "rejection sticker" and substituted "inspection decal, collector motor vehicle windshield sticker," for "certificate of waiver"; in the introductory paragraph of (f)8, deleted ", certificate of waiver" following "approval" and inserted "or an inspection decal or collector motor vehicle windshield sticker for a motor vehicle that does not qualify for the issuance of such decal or sticker"; in the introductory paragraph of (f)12, substituted "inspection decals, collector motor vehicle windshield stickers" for "certificates of waiver"; in the introductory paragraph of (f)13, substituted "inspection decals, collector motor vehicle windshield stickers" for "certificates of waiver,"; in (f)18i, deleted "on" following "until"; and added (f)19.