New Jersey § 13:1e-133

§ 13:1e-133.

a. Notwithstanding any current prosecutions or pending charges in any jurisdiction

against any person required to be listed in a disclosure statement, or otherwise shown

to have a beneficial interest in the business of an applicant, permittee or licensee , or business concern that has been issued a soil and fill recycling license, or to

have rented or leased at any or no cost real property, vehicles or other equipment

used for the collection, transportation, treatment, processing, storage, brokering,

transfer, or disposal of solid waste or hazardous waste, or the provision of soil

and fill recycling services, to the applicant, the permittee, or the licensee, or

business concern that has been issued a soil and fill recycling license, for any of the crimes enumerated in subsection b. of section 8 of P.L.1983, c. 392

( C.13:1E-133 ), the department may issue or renew a license or a soil and fill recycling license to an applicant, permittee or licensee , or business concern that has been issued a soil and fill recycling license if the department determines in a writing setting forth findings of fact that the

person against whom there are current prosecutions or pending charges has affirmatively

reestablished a reputation for good character, honesty and integrity by clear and

convincing evidence pursuant to the provisions of this section. If the department determines that the nature and seriousness of the crime alleged

in a current prosecution or pending charge creates a reasonable doubt that an applicant,

permittee, or licensee , or business concern that has been issued a soil and fill recycling license will engage in the activity for which a license is sought in a lawful and responsible

manner, the department shall make a determination in a writing setting forth findings

of fact that the person against whom there are current prosecutions or pending charges

cannot reestablish a reputation for good character, honesty and integrity. A person may affirmatively reestablish a reputation for good character, honesty and

integrity pursuant to this section in advance of the disposition of the current prosecutions

or pending charges provided that this reestablishment consists of evidence of good

character, honesty and integrity rather than any defenses to the current prosecutions

or pending charges. A reestablishment of a reputation for good character, honesty and integrity pursuant

to this section shall not be deemed insufficient due to a lack of admission of guilt

to the current prosecutions or pending charges. b. In determining whether an individual against whom there are current prosecutions

or pending charges has affirmatively reestablished a reputation for good character,

honesty and integrity, the department shall request a recommendation thereon from

the Attorney General, which recommendation shall be in writing , and based upon a consideration of at least the following factors: (1) The nature and responsibilities of the position which the individual against whom

there are current prosecutions or pending charges would hold; (2) The nature and seriousness of the alleged crime; (3) The circumstances under which the alleged crime was committed; (4) The date of the alleged crime; (5) The age of the individual against whom there are current prosecutions or pending

charges when the alleged crime was committed; (6) Whether the alleged crime was an isolated or repeated act; (7) Any evidence of good conduct in the community, counseling or psychiatric treatment

received, acquisition of additional academic or vocational schooling, or the recommendation

of persons who have supervised the individual since the date of the alleged crime;

and (8) The full criminal record of the individual against whom there are current prosecutions

or pending charges, any record of civil or regulatory violations or notices or any

complaints alleging any such civil or regulatory violations, or any other allegations

of wrongdoing. c. In determining whether a business concern against whom there are current prosecutions

or pending charges has affirmatively reestablished a reputation for good character,

honesty and integrity, the department shall request a recommendation thereon from

the Attorney General, which recommendation shall be in writing , and based upon a consideration of at least the following factors: (1) The nature and seriousness of the alleged crime; (2) The circumstances under which the alleged crime was committed; (3) The date of the alleged crime; (4) Whether the alleged crime was an isolated or repeated act; and (5) The full criminal record of the business concern against whom there are current

prosecutions or pending charges, any record of civil or regulatory violations or notices

or any complaints alleging any such civil or regulatory violations, or any other allegations

of wrongdoing. d. The Attorney General may require, as a predicate to a determination that a business

concern against which there are current prosecutions or pending charges has affirmatively

reestablished a reputation for good character, honesty and integrity, that the business

concern agree, in writing, to an investigation of the alleged crime or crimes committed

by the business concern, the persons involved in the alleged crime, and any corporate

policies, procedures, and organizational structure that may have led to the alleged

crime. At the conclusion of this investigation a report shall be prepared identifying the

underlying conduct giving rise to any alleged criminal activity and any steps that

have subsequently been taken by the business concern to prevent a recurrence of the

alleged criminal activity, and recommending any steps that may be deemed necessary

to prevent a recurrence of the alleged criminal activity. The investigation shall be conducted by, or on behalf of, the Attorney General,

and the cost thereof shall be borne by the business concern. The Attorney General may require, on the basis of this investigation and as a condition

of recommending that a business concern against which there are current prosecutions

or pending charges has affirmatively reestablished a reputation for good character,

honesty and integrity, that a business concern comply, or agree in writing to comply,

with any of the following: (1) changes in the business concern's organizational structure to reduce the opportunity

and motivation of individual employees to engage in criminal activity, including procedures

for informing employees of the requirements of relevant state and federal law; (2) changes in the business concern's long and short term planning to ensure that

the business concern implements procedures and policies to prevent future violations

of state or federal law; (3) changes in the business concern's legal, accounting, or other internal or external

control and monitoring procedures to discourage or prevent future violations of state

or federal law; (4) changes in the business concern's ownership, control, personnel, and personnel

selection practices, including the removal of any person shown to have a beneficial

interest in the business concern, and the imposition of a reward or disincentive system

in order to encourage employees to comply with relevant state and federal law; (5) post-licensing monitoring of the business concern's activities relating to any

changes in policy, procedure, or structure required by the Attorney General pursuant

to this subsection, the cost of such monitoring to be borne by the business concern;

and (6) any other requirements deemed necessary by the Attorney General. e. The department shall not determine that a business concern against which there

are current prosecutions or pending charges has affirmatively reestablished a reputation

for good character, honesty and integrity if the business concern has not complied,

or agreed in writing to comply, with every requirement imposed by the Attorney General

pursuant to subsection d. of this section.