N.J. Admin. Code § 13:48-13.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:48-13.3 - Grounds for denial, suspension or revocation of any registration

(a) After notice and an opportunity for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, any registration may be denied, suspended or revoked upon a finding that the registrant or any officer, director, trustee or principal salaried executive staff employee of a registrant or any other person subject to the Act:

1. Has filed a registration statement containing false or misleading facts or omitting material facts;

2. Has violated or failed to comply with any of the provisions of the Act or the rules adopted under authority of the Act;

3. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;

4. Has been convicted of any criminal offense committed in connection with the performance of activities regulated under the Act or any criminal offense involving untruthfulness or dishonesty or any criminal offense relating adversely to the registrant's fitness to perform activities regulated by the Act. For the purposes of this paragraph, a plea of guilty, non vult, nolo contendere or any other similar disposition of alleged criminal activity shall be deemed a conviction;

5. Has had the authority to engage in charitable activities denied, revoked or suspended by New Jersey or any other state or jurisdiction;

6. Has been adjudged liable in an administrative or civil proceeding involving theft, fraud or deceptive business practice including, but not limited to, any finding of unlawful practice or practices related to the solicitation of contributions or the administration of charitable assets, regardless of whether that finding was made in the context of an injunction, a proceeding resulting in penalties, consented to in an assurance of voluntary compliance or any similar order or legal agreement with any state or Federal agency;

7. Has engaged in other forms of misconduct as may be determined by these rules; or

8. Has filed a registration, contract, financial statement or other required filing that fails to satisfy the requirements of the Act or the rules set forth in this chapter.

N.J. Admin. Code § 13:48-13.3

Amended by R.2011 d.061, effective 2/22/2011.
See: 42 N.J.R. 1676(a), 43 N.J.R. 439(a).
In the introductory paragraph of (a), inserted "or any officer, director, trustee or principal salaried executive staff employee of a registrant or any other person subject to the Act"; added new (a)6; and recodified former (a)6 and (a)7 as (a)7 and (a)8.