N.J. Admin. Code § 8:43I-3.6

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:43I-3.6 - Convictions occurring after initial criminal record history background check clearance

(a) The Department will be notified by the New Jersey State Police of convictions occurring after the applicant is initially qualified pursuant to this chapter, in accordance a system developed under the authority of 26:2H-83(a).

(b) Once the Department has learned that a person has been convicted of a disqualifying offense, the Department shall issue a notice of disqualification to the person and employer. The notice to the employer or sponsor agency will state that the person has been disqualified, but shall not list the offenses resulting in disqualification.

1. The person disqualified from certification shall be immediately terminated from employment as a personal care assistant, and his or her certificate shall be deemed revoked.

2. The employer or sponsor agency shall report to the Department, in writing, that the employee has been terminated from employment as a personal care assistant and the effective date of termination.

3. The person disqualified shall have 30 days from the date of termination of their position as a personal care assistant to petition the Commissioner for a hearing on the accuracy of the criminal history record background check, or to show cause why the conviction should not result in the revocation of their certificate. The Commissioner shall notify the person's employer of any petition within five days of receipt.

i. Any petition challenging the accuracy of a criminal history shall be forwarded to the Office of Administrative Law as a contested case pursuant to N.J.S.A. 52:14B-1.1 et seq.

ii. Petitions seeking to establish cause not to revoke the certification of the personal care assistant shall be processed by the Criminal Investigation Unit, which shall make an investigation into the circumstances surrounding the conviction, together with any of the criteria for rehabilitation listed at 8:43I-3.4. If relief is not granted based upon this investigation, the petitioner shall have the right to a hearing on the denial in the Office of Administrative Law pursuant to 52:14B-1 et seq.

iii. In all cases, the Department shall notify the person and the person's employer, if known, as to the outcome of the petition. The notification shall state whether the person is to be reinstated or if the person's termination and revocation stands.

N.J. Admin. Code § 8:43I-3.6