N.J. Admin. Code § 13:21-21.15

Current through Register Vol. 56, No. 7, April 1, 2024

Section 13:21-21.15 - Additional violations

(a) In addition to any violation of 39:13-1 et seq., the Chief Administrator may impose a civil penalty, refuse to issue a license or a renewal thereof, or suspend or revoke the existing license of any auto body repair facility if he or she determines that the applicant or licensee:

1. Has made a false statement or concealed a fact in connection with the application for a license or a renewal thereof;

2. Is not the owner of, or possessor of a controlling interest in, the auto body repair facility;

3. Has been found to have violated or conducted fraudulent or deceptive practices concerning the repair of motor vehicles in violation of 56:8-1 et seq. or N.J.A.C. 13:45A-26C;

4. Has a criminal record that is disqualifying. A disqualifying criminal record shall include, but is not limited to, bond forfeitures, pleas of nolo contendere or convictions of crimes, disorderly persons or petty disorderly persons offenses as defined in the "New Jersey Code of Criminal Justice" and any other offenses as defined by the laws of New Jersey, such as:

i. Any crime or offense involving the manufacture, transportation, possession, sale or use of a controlled dangerous substance as defined in the "New Jersey Controlled Substance Act", 24:21-1 et seq.;

ii. Any crime or offense involving the use of force or the threat of force to or upon a person or property, such as armed robbery, assault, battery or arson;

iii. Any crime or offense involving the taking or misappropriation of property of another person, such as theft, burglary, fraud, larceny or embezzlement;

iv. Any crime or offense indicative of bad moral character or not being a proper person for the purposes of being licensed in accordance with this subchapter; or

v. Any crime or offense which, in the discretion of the Chief Administrator, would relate adversely to the operation of the business of an auto body repair facility.

5. Demonstrates a pattern of conduct whereby repairs made by the auto body repair facility were not made in a workmanlike manner;

6. Issues a check in payment of any fees required by this subchapter which is subsequently dishonored;

7. Has failed to comply with any of the provisions of this subchapter;

8. Fails to maintain an approved place of business in accordance with N.J.S.A. 39:13-2.1a(1); and

9. Fails to pay any fee required by law or regulation; or

10. For other good cause.

N.J. Admin. Code § 13:21-21.15

Amended by R.1991 d.21, effective 1/22/1991.
See: 22 New Jersey Register 3311(a), 23 New Jersey Register 207(c).
Specified as a ground for license suspension or revocation an auto body repair facility's failure to pay any fee required by law or regulation.
Amended by R.2001 d.19, effective 1/16/2001.
See: 32 New Jersey Register 3739(a), 33 New Jersey Register 277(a).
In (a), inserted "or she" preceding "determines"; in (a)3, amended the N.J.A.C. reference.
Amended by R.2005 d.129, effective 4/18/2005.
See: 36 New Jersey Register 1886(a), 37 New Jersey Register 1212(b).
In (a), substituted references to the Chief Administrator for references to the Director in the introductory paragraph and 4v, substituted "workmanlike" for "workmanship like" in 5 and substituted the N.J.S.A. reference for the N.J.A.C. reference in 8.