New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 74 - STANDARD FOR THE CERTIFICATION OF FIRE PROTECTION EQUIPMENT CONTRACTORS › Subchapter 2 - ADMINISTRATION OF PERMIT AND CERTIFICATION PROGRAM › Section 5:74-2.6 - Refusal to admit person to examination; suspension, revocation of certificate; grounds; penalties; reinstatement

Current through Register Vol. 56, No. 14, July 15, 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.