N.J. Admin. Code § 17:30A-7.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 17:30A-7.2 - Criminal history record background checks for principals, directors, board members, owners, and employees

(a) Each principal, director, board member, owner, and employee shall provide written consent to submit to a criminal history record background check pursuant to N.J.S.A. 24:6I-4 and shall comply with procedures established by the Division of State Police pursuant to N.J.A.C. 13:59 for obtaining readable fingerprint impressions.

(b) The Commission shall deny registration of a principal, director, board member, owner, and employee who:

1. Refuses to consent to, or cooperate in, the securing of a criminal history record background check; or

2. Fails to provide any of the information required at (a) above.

(c) Subject to N.J.A.C. 17:30A-7.1, in considering any application for a permit for an ATC, the Commission shall consider, at a minimum, the following factors in reviewing the qualifications of principals, directors, board members, and owners applying for a permit as an alternative treatment center:

1. Any convictions of the applicant under any Federal, state, or local laws relating to drug samples, wholesale, or retail drug distribution or distribution of a controlled substance;

2. Any felony conviction under Federal laws, or the equivalent conviction under state or local laws;

3. The applicant's past experience in the manufacturing or distribution of drugs or controlled substances;

4. The furnishing of false or fraudulent material in any application made in connection with drug or device manufacturing or distribution;

5. Suspension or revocation by Federal, state, or local government of any registration currently or previously held by the applicant for the manufacture or distribution of any drugs, including controlled substances;

6. Compliance with license and/or registration requirements under any previously granted license or registration, if any;

7. Compliance with requirements to maintain and/or make available to the Commission or Federal or law enforcement officials those records required by this subchapter; and

8. Any other factors or qualifications the Commission considers relevant to and consistent with ensuring public health and safety.

(d) In considering any application for a permit for an ATC, the Commission shall consider, at a minimum, the factors at (f) below in reviewing the qualifications of an employee who has a disqualifying conviction. The Commission shall issue written notice to the employee identifying the conviction that constitutes the basis for the denial of the application.

(e) The Commission shall not disqualify an applicant from serving as an officer, director, board member, or employee of an alternative treatment center as a result of a disqualifying conviction if the applicant affirmatively demonstrates to the Commission by clear and convincing evidence that the applicant is rehabilitated.

(f) In determining whether an applicant has demonstrated clear and convincing evidence of rehabilitation, the Commission shall consider the following factors:

1. The nature and responsibility of the position that the convicted individual would hold, has held or currently holds;

2. The nature and seriousness of the crime or offense;

3. The circumstances under which the crime or offense occurred;

4. The date of the crime or offense;

5. The age of the individual when the crime or offense was committed;

6. Whether the crime or offense was an isolated or repeated incident;

7. Any social conditions that may have contributed to the commission of the crime or offense; and

8. Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of those who have had the individual under their supervision.

(g) In accordance with the provisions of the Administrative Procedures Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1, any individual disqualified from owning or operating an alternative treatment center shall be given an opportunity to challenge the accuracy of the disqualifying criminal history record prior to being permanently disqualified from participation.

N.J. Admin. Code § 17:30A-7.2