Current through Register Vol. 56, No. 18, September 16, 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
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 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
(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 (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.
