N.J. Admin. Code § 8:34-8.3

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

Section 8:34-8.3 - Due process

(a) The applicant or licensee shall be afforded an opportunity for a prompt and fair hearing before a final decision is made on the matter of:

1. Denial of a license;

2. Suspension of a license;

3. Summary suspension of a license;

4. Revocation of a license; or

5. The issuance of a civil money penalty in excess of $ 250.00.

(b) The procedure governing a hearing pursuant to (a) above shall be in accordance with the Administrative Procedure Act, 52:14B-1 et seq., 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(c) Any person, public officer, association or the Department, may refer charges against a licensee for due cause.

1. A charge shall be in writing and shall be submitted to the Board.

2. The Board shall review a charge made pursuant to (c) above and shall retain the authority to dismiss the charges and take no action thereon, by formal hearing or otherwise, in which case the complaint and supporting documentation shall be filed with the Department.

(d) Upon conclusion of a hearing pursuant to (a) above and/or upon review of a charge made pursuant to (c) above, the Board may elect to issue a recommendation to the Commissioner of denial, suspension, summary suspension or revocation of a license, in which case the Board shall forward notice of its recommendation, together with a specification of charges, to the applicant or licensee by registered mail.

(e) Denial, suspension, summary suspension or revocation shall become effective 30 days after mailing of notice unless the applicant or licensee, within the 30-day period, makes a written request to the Department for a hearing.

(f) If a hearing is requested by the applicant or licensee, the denial, suspension, summary suspension or revocation action shall be held in abeyance until final adjudication of the complaint.

(g) An order of denial, suspension, summary suspension or revocation may contain conditions for the reinstatement of a license including, but not limited to, a designated period of time for a suspension, as the Board may recommend.

1. In the absence of any provision for reinstatement in an order of revocation, a revocation shall be permanent.

N.J. Admin. Code § 8:34-8.3