Current through Register Vol. 56, No. 18, September 16, 2024
(a)
The Division may refuse to admit a person to examination or may refuse to issue
or may suspend or revoke any certificate of certification issued by the
Division upon proof that the applicant or holder of such certificate:
1. Has obtained a certificate 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 Commissioner;
6. Has been convicted of, or engaged in acts
constituting, any crime or offense involving moral turpitude or relating
adversely to the activity regulated by the Commissioner. For the purpose of
this paragraph, 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 his
authority to engage in the activity regulated by the Commissioner revoked or
suspended by any other state, agency or authority for reasons consistent with
this section;
8. Has violated or
failed to comply with the provisions of any act or regulation administered by
the Commissioner;
9. Is incapable,
for medical or any other good cause, of discharging the functions of a
certificate holder in a manner consistent with the public's health, safety and
welfare;
10. Has repeatedly failed
to submit completed applications, or parts of, or documentation submitted in
conjunction with, such applications, required to be filed with the Department
of Environmental Protection;
11.
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 that act or has been
subject to a final order, entered in civil or administrative proceedings, that
imposed civil penalties under this act against the applicant or
holder;
12. Is presently engaged in
drug or alcohol use that is likely to impair the ability to install, service,
repair, inspect or maintain fire protection equipment with reasonable skill and
safety. For purposes of this paragraph, "presently" means at this time or any
time within the previous 365 days;
13. Has permitted an unlicensed person or
entity to perform an act for which a license, permit or certificate of
registration or certification is required by the Commissioner, or aided and
abetted an unlicensed person or entity in performing such an act; or
14. Has advertised fraudulently in any
manner.
(b) The
Contractor Certification and Emblems Unit, on behalf of the Commissioner of
Community Affairs, may impose penalties of up to $ 5,000 per violation, per
day, for any violations of this chapter.
(c) After revocation of a certification upon
any of the grounds set forth in this chapter, the Division shall not renew or
reinstate such certification; however, a person may file a new application for
a certification or certificate with the Division. When it can be shown all loss
caused by the act or omission for which the certification or certificate was
revoked has been fully satisfied, the applicant has been legally rehabilitated
and all conditions imposed by the decision of revocation have been complied
with, the Division shall issue a new certification or certificate, provided
that the applicant meets all other qualifications necessary for certification
and pays the appropriate fee.
