Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Commission shall
deny the issuance of a license if an applicant fails to demonstrate to the
Commission that the applicant meets the minimum qualification requirements as set
forth at N.J.A.C. 13:1-10.
(b) The Commission shall deny the issuance of a
license if the applicant or any person knowingly submits any false, untrue, or
misleading statements on a license application, or any communication in connection
with an application for a license.
(c)
The Commission shall have the authority to refuse to renew a license if the licensee
and chief law enforcement executive fail to certify to the Commission that the
licensee meets the minimum qualification requirements as set forth at
N.J.A.C.
13:1-10.
(d) The Commission shall have the authority to
impose an adverse licensure action upon the licensee if the licensee fails to adhere
to the minimum requirements as set forth at
N.J.A.C.
13:1-10.
(e) The Commission shall have the authority to
deny a license to an applicant, refuse to renew a license, or impose adverse
licensure actions, upon proof by a preponderance of evidence, that the applicant or
licensee has:
1. Committed acts that constitute a
criminal violation, as evidenced by:
i. A
conviction of a crime or other legal action or offense, as more specifically
delineated at (g), (h), and (i) below;
ii. The placement or participation in any
pre-trial diversionary program in this or any other state;
iii. The entry of a domestic violence restraining
order issued pursuant to
N.J.S.A.
2C:25-17 et seq., an extreme risk protective
order, a temporary extreme risk protective order pursuant to
N.J.S.A.
2C:58-20 et seq., or a temporary or final
protective order issued pursuant to the Sexual Assault Survivor's Protection Act;
and/or
iv. Proof that the applicant or
licensee committed a crime involving moral turpitude, without regard to whether
charges resulted in a conviction;
2. Knowingly engaged in any fraudulent or
deceptive conduct, including, but not limited to, the following, as evidenced by
proof or a sustained finding that the law enforcement officer:
i. Filed a false report, submitted a false
certification, or testified falsely in any criminal, administrative, employment,
financial, or insurance matter in the professional or personal life of the officer,
where such acts were materially false;
ii. Was untruthful or demonstrated a lack of
candor in any criminal, administrative, employment, financial, or insurance matter
in the professional or personal life of the officer;
iii. Mishandled, destroyed, or fabricated
evidence;
iv. Engaged in conduct that
subverted or compromised the validity of testing;
v. Intentionally made any materially false
statement or omission in obtaining or reactivating a license to be a law enforcement
officer;
vi. Failed to cooperate with an
investigation or respond truthfully to questions related to an investigation or
legal proceeding;
vii. Refused to submit
to a drug or alcohol test requested during or after a motor vehicle stop, when
submission to a drug or alcohol test during or after a motor vehicle stop is
required under the law or pursuant to agency policy; or
viii. Submitted any false, untrue, or misleading
statements on a license renewal application, or any communication in connection with
an application for a license renewal;
3. Engaged in any act or conduct that would
undermine public confidence in law enforcement including, but not limited to, the
following, as evidenced by proof that the applicant or licensee has:
i. Engaged in any unprofessional, unethical, or
deleterious conduct or practice harmful to the public, regardless of whether such
conduct or practice resulted in actual injury to any person;
ii. Used excessive force in violation of the
Attorney General's Use of Force Policy, or policy as established by the employing
law enforcement unit;
iii. Failed to
take affirmative steps to intervene whenever another law enforcement officer uses,
or is about to use, excessive force in violation of the Attorney General's Use of
Force Policy, or policy as established by the employing law enforcement
unit;
iv. Failed to report an incident
involving excessive use of force by another law enforcement officer, in violation of
the Attorney General's Use of Force Policy, or policy as established by the
employing law enforcement unit;
v.
Engaged in harassment or intimidation;
vi. Had, or is having, an inappropriate
relationship with, sexual or otherwise, including, but not limited to, a person who
the law enforcement officer knows or should have known is a victim, witness,
defendant, or informant in an ongoing investigation or adjudication or otherwise in
law enforcement custody;
vii. Engaged in
sexual harassment or unwelcome or nonconsensual sexual contact;
viii. Misused or accessed, without authorization,
or in excess of authorization, any data, database, computer, computer storage
medium, computer software, computer equipment, or computer system;
ix. Engaged in conduct involving unlawful sexual
contact, physical violence, or driving under the influence of drugs or
alcohol;
x. Engaged in illegal
possession, distribution, manufacture, or use of drugs;
xi. Been, or currently is, an active member of a
group that advocates for the overthrow of any government or discrimination or
violence against individuals or groups based on any protected characteristic as
defined by the Law Against Discrimination,
N.J.S.A.
10:5-1 et seq.;
xii. Knowingly engaged in any social media
activity exhibiting discrimination or bias towards individuals or groups relating to
protected characteristics as defined by the Law Against Discrimination,
N.J.S.A.
10:5-1 et seq.; or
xiii. Been suspended or discharged by the law
enforcement officer's employing law enforcement unit for disciplinary
reasons;
4. Failed to meet
and maintain proper licensing standards and regulatory requirements, as evidenced by
proof that the applicant or law enforcement officer has:
i. Failed to successfully complete the continuing
education requirements as set forth at
N.J.A.C.
13:1-13;
ii. Failed to complete required firearms
qualifications;
iii. Failed to notify
the Commission or the employing law enforcement unit within two days of being
charged with crime or any other legal action resulting in a mandatory denial or
adverse licensure action;
iv. Had a law
enforcement license or certification revoked, suspended, or annulled by any lawful
certifying or licensing authority, had other adverse licensure action taken against
the law enforcement officer by any lawful certifying or licensing authority, or was
denied a license or certification by any lawful certifying or licensing authority;
or
v. Failed to notify the Commission or
the employing law enforcement unit within two days of having had a law enforcement
license or certification revoked, suspended, or annulled by any lawful certifying or
licensing authority, having been the subject of other adverse licensure action taken
against the law enforcement officer by any lawful certifying or licensing authority,
or denied a license or certification by any lawful certifying or licensing
authority;
5. Failed to
discharge legal obligations, as evidenced by proof that the applicant or law
enforcement officer has:
i. Failed to make
court-ordered payments of child support or family support maintenance, birth
expenses, medical expenses, or other expenses relating to support of a child or
former spouse;
ii. Failed to properly
file Federal and New Jersey State tax returns, as well as any other applicable tax
returns; or
iii. Failed to pay any tax,
deposit, or penalty; or
6.
Displayed an incapacity to serve as a law enforcement officer, as evidenced by proof
that the applicant or law enforcement officer has:
i. Been adjudged mentally incompetent by a court
of competent jurisdiction, within or outside this State; or
ii. Become unable to perform as a law enforcement
officer with reasonable skill and safety to citizens by reason of illness or use of
alcohol, drugs, narcotics, chemicals, or any other type of material or as a result
of any mental or physical condition.
(f) In addition to, and in conjunction with, the
imposition of an adverse licensure action, the Commission may make a finding adverse
to the applicant or licensee, but withhold imposition of judgment or it may impose
the judgment but suspend enforcement thereof and place the licensee on probation,
which may be vacated upon noncompliance with reasonable terms as the Commission may
impose.
(g) Proof of a conviction of the
following shall result in the mandatory denial of licensure, a refusal to renew a
license, or a revocation of licensure:
1. A crime
in this State or any other state, territory, country, or of the United States,
including a conviction of an offense that if committed in this State would be deemed
a crime pursuant to either a State or Federal law without regard to its designation
elsewhere;
2. An act of domestic
violence pursuant to
N.J.S.A.
2C:25-17 et seq.; or
3. An offense that would preclude an applicant or
law enforcement officer from carrying a firearm as defined at
N.J.S.A.
2C:39-1.
(h) Proof of a conviction of any disorderly
person's offense or petty disorderly persons offense involving dishonesty, fraud, or
a lack of good moral character may result in the denial of licensure, a refusal to
renew a license, or the revocation of licensure or another adverse licensure action,
unless:
1. The Commission determines the offense to
be de minimis in nature or inconsequential to the applicant's or licensee's ability
to meet the standards expected of a law enforcement officer;
2. The applicant or licensee provides
documentation that demonstrates to the satisfaction of the Commission that the
conviction or convictions occurred five or more years prior to submission of an
application for licensure or renewal of a license as a law enforcement officer and
the applicant or licensee has taken rehabilitative steps since the conviction or
convictions to become a law-abiding citizen through actions including, but not
limited to, continuing education, maintaining gainful employment, and having no
further convictions; and
3. The
applicant or licensee is currently of good moral character and submits at least
three letters of recommendation from members of the applicant's or licensee's
community detailing the applicant's or licensee's good moral character.
(i) Proof of a conviction for two or
more motor vehicle offenses for operating a motor vehicle while under the influence
of drugs or alcohol pursuant to
N.J.S.A.
39:4-50 or two or more motor vehicle offenses for
reckless driving pursuant to
N.J.S.A.
39:4-96, shall result in a denial of licensure, a
refusal to renew, or an adverse licensure action, unless:
1. The applicant or licensee provides
documentation that demonstrates to the satisfaction of the Commission that the
conviction or convictions occurred five or more years prior to submission of an
application for licensure or renewal of a license as a law enforcement
officer;
2. The applicant or licensee
has taken rehabilitative steps since the conviction or convictions to become a
law-abiding citizen through actions including, but not limited to, continuing
education, maintaining gainful employment, and having no further convictions;
and
3. The applicant or licensee is
currently of good moral character and submits at least three letters of
recommendation from members of the applicant's or licensee's community detailing the
applicant's good moral character.
(j) The Commission shall have the authority to
consider all factual circumstances presented when determining appropriate adverse
licensure actions, other than with regard to those mandatory licensure denials and
revocations specified in sections 14(a)(13) and 17(a)(3) at
P.L.
2022, c. 65.
