N.J. Admin. Code § 5:4-1.6

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:4-1.6 - Conditions for suspension

(a) Suspension shall be imposed only by the Commissioner after consultation with the Division of Law, except as may otherwise be provided by law.

(b) The existence of any cause for suspension shall not require that suspension be imposed. A decision to suspend shall be made at the discretion of the Commissioner and shall be rendered in the best interests of the State.

(c) Suspension shall be based only upon adequate evidence that cause exists or upon evidence adequate to create a reasonable suspicion that cause exists and shall not be based upon any unsupported accusation. In assessing whether adequate evidence exists, consideration shall be given to the amount of credible evidence that is available, to the existence or absence of corroboration as to important allegations, and to inferences which may properly be drawn from the existence or absence of affirmative facts.

(d) Reasonable suspicion of the existence of a cause described in 5:4-1.2(a)1 through 8 may be established by the rendering of a final judgment or conviction by a court or administrative agency of competent jurisdiction, by grand jury indictment, or by evidence that such violations of civil or criminal law did, in fact, occur.

(e) A suspension imposed by another agency for any of the causes described in 5:4-1.2 may be the basis for the imposition of a concurrent suspension by DCA, which suspension may be imposed when found to be in the best interest of the State.

N.J. Admin. Code § 5:4-1.6

Amended by R.1997 d.375, effective 9/15/1997.
See: 29 New Jersey Register 2734(a), 29 New Jersey Register 4101(a).
Amended N.J.A.C. references throughout.