New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 9B - STATE BOARD OF EXAMINERS AND CERTIFICATION › Subchapter 4 - STATE BOARD OF EXAMINERS' PROCEEDINGS › Section 6A:9B-4.6 - Procedures for revoking or suspending a certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After
				review of the information received pursuant to
				N.J.A.C.
				6A:9B-4.5, the Board of Examiners shall
				determine by public vote whether to initiate action against the certificate
				holder. In cases where the Board of Examiners votes to initiate action against
				the certificate holder, the Secretary shall issue an order to show cause
				stating the specific charges that form the grounds of the revocation or
				suspension proceeding.
(b) The
				certificate holder shall file an answer with the Board of Examiners no later
				than 30 days from the date of mailing of the order to show cause. The answer
				shall respond specifically to each allegation. The Board of Examiners shall not
				accept general denials and shall deem them an admission.
(c) If the certificate holder does not file
				an answer within 30 days, the Secretary shall send a second notice affording an
				additional response time of 15 days from the date of the mailing of the second
				notice. The second notice shall also advise the certificate holder that the
				allegations against the certificate holder, as set forth in the order to show
				cause, shall be deemed admitted if the Board of Examiners does not receive any
				response within the specified time. The second notice shall further advise that
				the Board of Examiners shall proceed to a decision on the allegations in the
				order to show cause on the basis of the evidence before the Board of
				Examiners.
(d) If the certificate
				holder files an answer and there are material facts in dispute, the Board of
				Examiners shall either hear the matter directly or transmit the matter to the
				OAL for a hearing. The hearings at the OAL shall be heard in accordance with
				the Administrative Procedure Act,
				N.J.S.A.
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
(e) If the certificate holder files an answer
				and no material facts appear to be in dispute, the Secretary shall send the
				certificate holder a hearing notice informing the holder of the opportunity to
				submit written briefs, affidavits, and other supporting documentation for the
				Board of Examiners' consideration. The certificate holder shall submit all
				response papers within 30 days from the hearing notice's mailing
				date.
(f) After receipt of the
				written submissions pursuant to (e) above, the Secretary shall place the matter
				on the Board of Examiners' agenda and notify the certificate holder of the date
				the Board of Examiners will consider the matter. The notice shall advise the
				certificate holder whether the holder's appearance is necessary.
(g) The Board of Examiners may transmit the
				matter to the OAL if, after review of the written submissions, the Board of
				Examiners determines that there are material facts in dispute. The Board of
				Examiners may identify the specific issues the OAL shall consider.
(h) In all cases, the Board of Examiners
				shall clearly articulate the findings of fact upon which its decision was
				based. If the Board of Examiners has decided a matter solely on the papers
				submitted by the certificate holder, the Board of Examiners shall set forth the
				reasons it deemed summary decision appropriate.
(i) Upon the certificate holder's application
				for an extension of time, the Secretary may extend the time for filing the
				answer pursuant to (c) above or for filing the hearing brief pursuant to (e)
				above, provided the application for the extension is submitted, in writing,
				prior to the expiration of the 30 days for filing the answer or the hearing
				brief.
(j) The Office may refuse to
				issue a new certificate to a certificate holder who is otherwise eligible for
				the additional certificate if the holder is the subject of:
1. A pending action to revoke or suspend the
				holder's certificate(s) pursuant to this section;
2. A blocked application, pursuant to
				N.J.A.C.
				6A:9B-4.1;
3. A criminal action in any state or
				jurisdiction; or
4. An
				administrative action or investigation by a state or Federal agency or other
				governmental body. (k) All filings made pursuant to this section shall be
				accepted by electronic submission.