N.J. Admin. Code § 13:23-2.12

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

Section 13:23-2.12 - Denial, suspension or revocation of license

(a) After due notice in writing thereof, in accordance with the provisions of 39:12-1 et seq. and the "Administrative Procedure Act," 52:14B-1 et seq., the Chief Administrator may deny issuance or renewal of a driving school license or may suspend or revoke such license on the basis of any of the following criteria:

1. Any reason specified in 39:12-1 et seq. or failure of the applicant or licensee to comply with any of the provisions of this chapter;

2. Failure of the applicant or licensee to provide information or documentation required by 39:12-1 et seq. or this chapter or requested by the Chief Administrator, or concealment of a material fact by the applicant or licensee, or the supplying of information that is untrue or misleading as to a material fact;

3. The conviction of any proprietor, partner, officer, director or stockholder of a licensed driving school, or of an entity seeking such licensure, of any offense in any jurisdiction which would be:

i. Any of the following offenses under the "New Jersey Code of Criminal Justice," P.L. 1978, c.95 (Title 2C of the New Jersey Statutes) as amended and supplemented:

All crimes of the first degree;

2C:5-1 (attempt to commit an offense which is listed in this subparagraph);

2C:5-2 (conspiracy to commit an offense which is listed in this subparagraph);

N.J.S.A. 2C:11-4b (manslaughter);

2C:11-5 (vehicular homicide);

N.J.S.A. 2C:12-1b (aggravated assault);

2C:13-1 (kidnapping);

2C:14-1 et seq. (sexual offenses);

2C:15-1 (robberies);

N.J.S.A. 2C:17-1a and b (crimes involving arson and related offenses);

N.J.S.A. 2C:17-2a and b (causing or risking widespread injury or damage);

2C:18-2 (burglary);

2C:20-1 et seq. (theft and related offenses);

2C:21-1 et seq. (forgery and fraudulent practices);

N.J.S.A. 2C:21-4a (falsifying or tampering with records);

2C:27-1 et seq. (bribery and corrupt influence);

2C:28-1 et seq. (perjury and other falsification in official matters);

2C:30-2 and 2C:30-3 (misconduct in office and abuse of office);

2C:35-5 (manufacturing, distributing or dispensing a controlled dangerous substance or a controlled dangerous substance analog);

2C:35-6 (employing a juvenile in a drug distribution scheme);

2C:35-7 (distributing, dispensing, or possessing a controlled dangerous substance or controlled substance analog on or within 1,000 feet of school property or bus);

2C:35-10 (possession, use or being under the influence of a controlled dangerous substance or a controlled substance analog, or failure to make lawful disposition of same);

2C:35-11 (distribution, possession or manufacture of imitation controlled dangerous substances);

2C:35-13 (acquisition of controlled dangerous substances by fraud); or

ii. Any other offense under present New Jersey or Federal law which indicates that licensure of the applicant or continued licensure of the licensee would be inimical to the licensing standards set forth in 39:12-1 et seq. and this chapter;

4. The failure of any proprietor, partner, officer, director, or stockholder of a licensed driving school, or of any entity seeking such licensure, to notify the Commission that he or she has been arrested for, charged with, indicted for, or convicted of any of the offenses enumerated in (a)3 above within 14 days after the date of such event; or

5. The commission by any proprietor, partner, officer, director or stockholder of a licensed driving school, or of an entity seeking such licensure, of any act or acts which would constitute any offense under (a)3 above, even if such conduct has not or may not be prosecuted under the laws of this State.

N.J. Admin. Code § 13:23-2.12

Amended by R.1984 d.216, effective 6/4/1984.
See: 16 N.J.R. 209(a), 16 N.J.R. 1354(a).
Section substantially amended.
Repeal and New Rule, R.1991 d.371, effective 7/15/1991.
See: 23 N.J.R. 662(a), 23 N.J.R. 2151(a).
Former title "Sign requirements".
Amended by R.1999 d.186, effective 6/7/1999.
See: 31 N.J.R. 744(a), 31 N.J.R. 1499(b).
In (a)3i, substituted "N.J.S.A. 2C:11-5 (vehicular homicide)" for "N.J.S.A. 2C:11-5 (death by auto)".
Amended by R.2004 d.444, effective 12/6/2004.
See: 36 N.J.R. 2180(a), 36 N.J.R. 5372(a).