Rutgers Law

New Jersey Statutes, Title: 45, PROFESSIONS AND OCCUPATIONS

    Chapter 1: Persons entitled to practice, etc. under former laws unaffected

      Section: 45:1-21.5: Certain disqualifications prohibited.

          2. a. Notwithstanding any law, rule or regulation to the contrary, an entity shall not disqualify a person from obtaining or holding any certificate, registration or license issued by an entity solely because the person has been convicted of or engaged in acts constituting any crime or offense, unless the crime or offense has a direct or substantial relationship to the activity regulated by the entity or is of a nature such that certification, registration or licensure of the person would be inconsistent with the public's health, safety, or welfare. For the purposes of this section, 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. In making this determination, an entity shall consider the following:

(1) the nature and seriousness of the crime or offense and the passage of time since its commission;

(2) the relationship of the crime or offense to the purposes of regulating the profession or occupation regulated by the entity;

(3) any evidence of rehabilitation of the person in the period of time following the prior conviction that may be made available to the entity; and

(4) the relationship of the crime or offense to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation regulated by the entity.

b. An entity shall not disqualify a person from obtaining or holding a certificate, registration or license issued by the entity because of a person's prior conviction of a crime or offense unless it provides the person with a written notice that the entity has determined that the conviction may disqualify the person, and an explanation for the preliminary determination that the crime or offense has a direct or substantial relationship to the activity regulated by the entity or is of a nature such that certification, registration or licensure of the person would be inconsistent with the public's health, safety, or welfare, and affords the person an opportunity to be heard before the entity prior to the entity making a final decision on whether to disqualify the person. The person shall be afforded an opportunity to be heard before the entity no later than 45 days after the entity receives the person's request for a hearing unless the person and the entity mutually agree to an extension. If, after the person is afforded the opportunity to be heard before the entity, the person is disqualified for a certificate, registration or license, the entity shall notify the person, no later than 45 days after the hearing, in writing of the following:

(1) the grounds and reasons for the denial or disqualification;

(2) the earliest date the person may reapply for the certificate, registration or license; and

(3) that additional evidence of rehabilitation may be considered upon reapplication.

c. If a person's prior conviction was for murder, pursuant to N.J.S.2C:11-3 or an equivalent statute of another state or jurisdiction, or any sex offense that would qualify the person for registration pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2) or under an equivalent statute of another state or jurisdiction, there shall be a rebuttable presumption that the crime or offense has a direct or substantial relationship to the activity regulated by the entity or is of such a nature that certification, registration or licensure of the person would be inconsistent with the public's health, safety, or welfare.

d. This section shall apply to any license, certification, or registration issued by any entity designated in section 2 of P.L.1978, c.73 (C.45:1-15), or by any principal department of the Executive Branch of State government or any entity within any department or any other entity hereafter created to license or otherwise regulate a profession or occupation.

e. No certificate, registration or license shall be issued by the Division of Local Government Services in the Department of Community Affairs to an individual who has, within the five years preceding the submission of an application for a certificate, registration or license, been convicted of embezzlement, fraud, crimes involving public corruption, or theft.

L.2021, c.81, s.2.

This section added to the Rutgers Database: 2021-07-06 17:14:40.

Older versions of 45:1-21.5 (if available):

Court decisions that cite this statute: CLICK HERE.