Current through Register Vol. 56, No. 24, December 18, 2024
(a) An applicant
for licensure, certification, or registration shall not be eligible for
licensure, certification, or registration, and any holder of a license,
certification, or registration shall have his or her license, certification, or
registration revoked if the Board determines that criminal history record
information exists on file in the Federal Bureau of Investigation,
Identification Division, or in the State Bureau of Identification in the
Division of State Police, which would disqualify that individual from being
licensed, certified, or registered.
(b) An applicant or a holder of a license,
certification, or registration shall be disqualified from licensure,
certification, or registration if that individual's criminal history record
check reveals a record of conviction of any of the following crimes and
offenses:
1. In New Jersey, any crime or
disorderly persons offense during the five-year period immediately prior to the
date of the application or renewal, or any crime more than five years prior to
the date of the application or renewal:
i.
Involving danger to the person, meaning those crimes and disorderly persons
offenses set forth in
N.J.S.A. 2C:11-1 et seq., 2C:12-1 et seq.,
2C:13-1 et seq., 2C:14-1 et seq., or 2C:15-1 et seq.; or
ii. Involving theft as set forth in Chapter
20 of Title 2C of the New Jersey Statutes, forgery and fraudulent practices as
set forth in Chapter 21 of Title 2C of the New Jersey Statutes, including, but
not limited to, money laundering as set forth in
N.J.S.A. 2C:21-25, or perjury and other falsification
in official matters as set forth in Chapter 28 of Title 2C of the New Jersey
Statutes; or
iii. Involving any
controlled dangerous substances or controlled dangerous substances analog as
set forth in Chapter 35 of Title 2C of the New Jersey Statutes except as set
forth in paragraph (4) of subsection a of
N.J.S.A. 2C:35-10.
2. In any other state or jurisdiction,
conduct which, if committed in New Jersey, would constitute any of the crimes
or disorderly persons offenses described in (b)1 above. This is deemed to
include convictions for bank fraud, wire fraud, or conspiracy to commit bank
fraud or wire fraud.
3. For
purposes of this subsection, a judgment of conviction or a plea of guilty, non
vult, nolo contendere, or any other such disposition of alleged criminal
activity shall be deemed a conviction.
(c) Notwithstanding the provisions of (b)
above, no individual shall be disqualified from licensure, certification, or
registration on the basis of any conviction disclosed by a criminal history
record check, other than a conviction for a crime during the five-year period
immediately prior to the date of the application or renewal or a crime
enumerated in (b)1ii above, if the individual has affirmatively demonstrated to
the Board clear and convincing evidence of rehabilitation. In determining
whether an individual has affirmatively demonstrated rehabilitation, the
following factors shall be considered:
1. The
nature and responsibility of the position which the convicted individual would
hold;
2. The nature and seriousness
of the offense;
3. The
circumstances under which the offense occurred;
4. The date of the offense;
5. The age of the individual when the offense
was committed;
6. Whether the
offense was an isolated or repeated incident;
7. Any social conditions which may have
contributed to the offense; and
8.
Any evidence of rehabilitation, including good conduct in prison or in the
community, counseling or psychiatric treatment received, acquisition of
additional academic or vocational schooling, successful participation in
correctional work-release programs, or the recommendation of persons who have
had the individual under their supervision.
(d) The Board may refuse to admit a person to
an examination or may refuse to issue or may suspend or revoke any certificate
or license issued by the Board upon proof that the applicant or holder of such
certificate or license:
1. Has obtained a
certificate, license or authorization to sit for an examination, as the case
may be, through fraud, deception, or misrepresentation;
2. Has engaged in the use or employment of
dishonesty, fraud, deception, misrepresentation, false promise or false
pretense;
3. Has engaged in gross
negligence, gross malpractice or gross incompetence which damaged or endangered
the life, health, welfare, safety or property of any person;
4. Has engaged in repeated acts of
negligence, malpractice or incompetence;
5. Has engaged in professional or
occupational misconduct as may be determined by the Board;
6. Has been convicted of, or engaged in acts
constituting, any crime or offense involving moral turpitude or relating
adversely to real estate appraising. For the purposes of this subsection a
judgment of conviction or a plea of guilty, non vult, nolo contendere or any
other such disposition of alleged criminal activity shall be deemed a
conviction;
7. Has had the
authority to engage in real estate appraising revoked or suspended by any other
state, agency, or certifying authority for reasons consistent with this
section;
8. Has violated or failed
to comply with the provisions of any statute or regulation administered by the
Board;
9. Is incapable for medical
or any other good cause, of discharging the functions of a licensee or
certificate holder in a manner consistent with the public's health, safety and
welfare;
10. Has violated any
provision of P.L. 1983, c.320 (N.J.S.A. 17:33A-1 et seq.) or
any insurance fraud prevention law or act of another jurisdiction or has been
adjudicated, in civil or administrative proceedings, of a violation of P.L.
1983, c.320 (N.J.S.A. 17:33A-1 et seq.) or has been
subject to a final order, entered in civil or administrative proceedings, that
imposed civil penalties under that act against the applicant or
holder;
11. Is presently engaged in
drug or alcohol use that is likely to impair the ability to practice the
profession or occupation with reasonable skill and safety. For purposes of this
subsection, the term "presently" means at this time or any time within the
previous 365 days;
12. Has
permitted an unlicensed person or entity to perform an act for which a license
or certification is required by the Board, or aided and abetted an unlicensed
person or entity in performing such an act; or
13. Advertised fraudulently in any
manner.
