N.J. Admin. Code § 5:73-1.9

Current through Register Vol. 57, No. 1, January 6, 2025

Section 5:73-1.9 - Revocation of certification or certificate and alternative sanctions

(a) The Division may suspend and/or revoke a certification or certificate if the Department has determined that the holder:

1. Has obtained a certification or certificate by fraud or misrepresentation, or the person named in the certificate or certification has obtained it by fraud or misrepresentation;

2. Has fraudulently or deceitfully practiced in any of the credentialed titles found in this chapter;

3. Has been grossly negligent or has engaged in misconduct in the performance of any of his or her duties;

4. Has failed, over a period of time, to maintain a minimally acceptable level of competence;

5. Has failed to comply with any order issued by the Department;

6. Has made a false or misleading written statement, or has made a material omission in any submission to the Department; or

7. Has violated any provision of this chapter.

(b) The Division, in addition or as an alternative, as the case may be, to revoking or suspending a certification or certificate, or assessing a penalty, may issue a letter of warning, reprimand or censure with regard to any conduct that, in the judgment of the Department, warrants a letter of warning, reprimand, or censure. Such letter, in addition to any other filing requirements, shall be made a part of the certification file of the individual.

1. In the case of anyone acting in any of the credentialed titles found in this chapter, the Commissioner shall be authorized to:

i. Issue compliance orders to persons and public entities in violation of this chapter;

ii. Petition the Superior Court for injunctive relief enforcing any compliance order;

iii. Levy and collect penalties of not more than $ 500.00 for each offense outlined in (a) above; and

iv. Institute summary proceedings under the "penalty enforcement law," N.J.S.A. 2A:58-1 et seq., in the Superior Court to recover penalties previously levied.

2. Each day that a violation continues after notice to cease has been given by certified mail or personal service shall be deemed a separate violation.

(c) Conviction of a crime of 1st, 2nd, or 3rd degree, or an offense in connection with the practice as a credentialed title found in this chapter, shall result in revocation of a certification.

N.J. Admin. Code § 5:73-1.9

Amended by 50 N.J.R. 775(a), effective 2/5/2018