N.J. Admin. Code § 6A:9B-4.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:9B-4.9 - Application for certification after revocation or block

(a) A certificate that has been revoked for any of the grounds set forth in this chapter shall not be reinstated. An individual who has had a certificate revoked may file an application for a new certificate with the Board of Examiners.

(b) The Board of Examiners shall not issue a new certificate to a candidate whose certificate(s) has been revoked unless the following conditions are met:

1. The candidate satisfied all criteria for the certificate's issuance in effect at the time the candidate applied for the new certificate;

2. At least four years have passed since the effective date of the revocation of the previous certificate(s);

3. The candidate provided evidence demonstrating rehabilitation for the unbecoming conduct, incompetence, or other cause for the revocation;

4. If the revocation was due to the conviction of a crime that is not disqualifying pursuant to N.J.S.A. 18A:6-7.1 et seq., the candidate has submitted evidence that the candidate has been fully rehabilitated in accordance with N.J.S.A. 2A:168A-2 and that issuing a certificate to the candidate would not be detrimental to the public welfare;

5. The candidate complied with all conditions imposed by the revocation order; and

6. If the revocation arose from a criminal matter involving the candidate, the candidate provided evidence that the candidate has satisfied any condition imposed by the court, probation, plea bargain agreement, or any other entity.

(c) Notwithstanding the provisions at (b) above, the Board of Examiners shall not issue a new certificate to any candidate who is:

1. Ordered to forfeit a certificate(s) as part of a settlement in a tenure or criminal proceeding;

2. Barred from teaching again in the State of New Jersey by order of a court of competent jurisdiction;

3. Ordered to forfeit a certificate(s) or public employment as part of a plea bargain;

4. Ordered to forfeit a certificate(s) as a condition for entrance into a pre-trial intervention program as set forth in Rule 3.28 of the New Jersey Court Rules;

5. Ordered to forfeit a certificate(s) pursuant to a sentence imposed in a criminal proceeding;

6. Barred from employment in a school for any reason; or

7. Relinquishing a certificate(s), pursuant to N.J.A.C. 6A:9B-4.10.

(d) A candidate shall not be eligible to apply for a certificate after the Board of Examiners has blocked a prior application, pursuant to N.J.A.C. 6A:9B-4.1, unless the candidate seeks, by written application, leave from the Board of Examiners to apply and meets the following criteria:

1. At least one calendar year has passed since the Board of Examiners blocked the candidate's prior application;

2. The candidate demonstrates rehabilitation for the unbecoming conduct, incompetence, or other cause for the block;

3. If the block was due to the conviction of a crime that is not disqualifying pursuant to N.J.S.A. 18A:6-7.1 et seq., the candidate has submitted evidence that the candidate has been fully rehabilitated in accordance with N.J.S.A 2A:168A-2, and that issuing a certificate to the candidate would not be detrimental to the public welfare;

4. If the block arose from a criminal matter involving the candidate, the candidate provided evidence that the candidate has satisfied any condition imposed by the court, probation, plea bargain agreement, or any other entity; and

5. If the block arose from action taken against the candidate's out-of-State educator certificate(s), the candidate satisfied any condition associated with the action against the out-of-State certificate(s).

N.J. Admin. Code § 6A:9B-4.9

Amended and recodified from 6A:9B-4.10 by 47 N.J.R. 2989(a), effective 12/7/2015

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