N.J. Admin. Code § 6A:9B-4.6

Current through Register Vol. 56, No. 8, April 15, 2024

Section 6A:9B-4.6 - Procedures for revoking or suspending a certificate

(a) After review of the information received pursuant to N.J.A.C. 6A:9B-4.5, the Board of Examiners shall determine by public vote whether to initiate action against the certificate holder. In cases where the Board of Examiners votes to initiate action against the certificate holder, the Secretary shall issue an order to show cause stating the specific charges that form the grounds of the revocation or suspension proceeding.

(b) The certificate holder shall file an answer with the Board of Examiners no later than 30 days from the date of mailing of the order to show cause. The answer shall respond specifically to each allegation. The Board of Examiners shall not accept general denials and shall deem them an admission.

(c) If the certificate holder does not file an answer within 30 days, the Secretary shall send a second notice affording an additional response time of 15 days from the date of the mailing of the second notice. The second notice shall also advise the certificate holder that the allegations against the certificate holder, as set forth in the order to show cause, shall be deemed admitted if the Board of Examiners does not receive any response within the specified time. The second notice shall further advise that the Board of Examiners shall proceed to a decision on the allegations in the order to show cause on the basis of the evidence before the Board of Examiners.

(d) If the certificate holder files an answer and there are material facts in dispute, the Board of Examiners shall either hear the matter directly or transmit the matter to the OAL for a hearing. The hearings at the OAL shall be heard in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(e) If the certificate holder files an answer and no material facts appear to be in dispute, the Secretary shall send the certificate holder a hearing notice informing the holder of the opportunity to submit written briefs, affidavits, and other supporting documentation for the Board of Examiners' consideration. The certificate holder shall submit all response papers within 30 days from the hearing notice's mailing date.

(f) After receipt of the written submissions pursuant to (e) above, the Secretary shall place the matter on the Board of Examiners' agenda and notify the certificate holder of the date the Board of Examiners will consider the matter. The notice shall advise the certificate holder whether the holder's appearance is necessary.

(g) The Board of Examiners may transmit the matter to the OAL if, after review of the written submissions, the Board of Examiners determines that there are material facts in dispute. The Board of Examiners may identify the specific issues the OAL shall consider.

(h) In all cases, the Board of Examiners shall clearly articulate the findings of fact upon which its decision was based. If the Board of Examiners has decided a matter solely on the papers submitted by the certificate holder, the Board of Examiners shall set forth the reasons it deemed summary decision appropriate.

(i) Upon the certificate holder's application for an extension of time, the Secretary may extend the time for filing the answer pursuant to (c) above or for filing the hearing brief pursuant to (e) above, provided the application for the extension is submitted, in writing, prior to the expiration of the 30 days for filing the answer or the hearing brief.

(j) The Office may refuse to issue a new certificate to a certificate holder who is otherwise eligible for the additional certificate if the holder is the subject of:

1. A pending action to revoke or suspend the holder's certificate(s) pursuant to this section;

2. A blocked application, pursuant to N.J.A.C. 6A:9B-4.1;

3. A criminal action in any state or jurisdiction; or

4. An administrative action or investigation by a state or Federal agency or other governmental body. (k) All filings made pursuant to this section shall be accepted by electronic submission.

N.J. Admin. Code § 6A:9B-4.6

Amended by R.2006 d.170, effective 5/15/2006.
See: 37 N.J.R. 4612(a), 38 N.J.R. 2126(a).
In (b)3, added the last sentence; and added (d).
Amended by R.2008 d.7, effective 1/7/2008.
See: 39 N.J.R. 3441(a), 40 N.J.R. 113(b).
In (a)3, inserted "or pending criminal charges"; in (a)6, inserted "or has pending charges for an offense that is disqualifying"; and in (b)2, inserted "mailing".
Amended by R.2009 d.24, effective 1/5/2009.
See: 40 N.J.R. 4856(a), 41 N.J.R. 128(a).
In (a)7, deleted "or" from the end; in (a)8, substituted a semicolon for a period at the end; and added (a)9 through (a)11.

Amended and recodified from 6A:9B-4.7 by 47 N.J.R. 2989(a), effective 12/7/2015

Amended by 55 N.J.R. 853(a), effective 5/1/2023