Current through Register Vol. 56, No. 6, March 18, 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.
