New Jersey § 53:2-12

§ 53:2-12.

a. A person shall not act as a stevedore within the port of New York district in this

State without having first obtained a license from the division, and a person shall

not employ a stevedore to perform services as such within the port of New York district

unless the stevedore is so licensed. b. Any person intending to act as a stevedore within the port of New York district

shall file in the office of the division a written application for a license to engage

in that occupation, duly signed, and verified as follows: c. If the applicant is a natural person, the application shall be signed and verified

by that person and if the applicant is a partnership, the application shall be signed

and verified by each natural person composing or intending to compose that partnership. The application shall state the full name, age, residence, business address, if

any, present and previous occupations of each natural person so signing the application,

and any other facts and evidence as may be required by the division to ascertain the

character, integrity, and identity of each natural person signing the application. d. If the applicant is a corporation, the application shall be signed and verified

by the president, secretary, and treasurer thereof, and shall specify the name of

the corporation, the date and place of its incorporation, the location of its principal

place of business, the names and addresses of, and the amount of the stock held by

stockholders owning five percent or more of any of the stock thereof, and of all officers,

including all members of the board of directors. The requirements of subsection a. of this section as to a natural person who is

a member of a partnership, and the requirements as may be specified in rules and regulations

promulgated by the division pursuant to the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ), shall apply to each above-named officer or stockholder and their successors in

office or interest, as the case may be. In the event of the death, resignation, or removal of any officer, and in the event

of any change in the list of stockholders who shall own five percent or more of the

stock of the corporation, the secretary of the corporation shall forthwith give notice

of that fact in writing to the division, certified by the secretary. e. A license shall not be granted: (1) If any person whose signature or name appears in the application is not the real

party in interest, required by subsection d. of this section, to sign or to be identified

in the application or if the person so signing or named in the application is an undisclosed

agent or trustee for any real party in interest; (2) Unless the division shall be satisfied that the applicant and all members, officers,

and stockholders required by subsection d. of this section to sign or be identified

in the application for license possess good character and integrity; (3) Unless the applicant is either a natural person, partnership, or corporation; (4) Unless the applicant shall be a party to a contract then in force or which will

take effect upon the issuance of a license, with a carrier of freight by water for

the loading and unloading by the applicant of one or more vessels of such carrier

at a pier within the port of New York district; (5) If the applicant or any member, officer, or stockholder required by subsection

d. of this section to sign or be identified in the application for license has, without

subsequent pardon, been convicted by a court of the United States or any State or

territory thereof of the commission of, or the attempt or conspiracy to commit, treason,

murder, manslaughter, or any of the offenses described in subsection h. of this section. Any applicant ineligible for a license by reason of any of those convictions may

submit satisfactory evidence to the division that the person whose conviction was

the basis of ineligibility has for a period of not less than five years, measured

as hereinafter provided and up to the time of application, so acted as to warrant

the grant of that license, in which event the division may, in its discretion issue

an order removing that ineligibility. The aforesaid period of five years shall be measured either from the date of payment

of any fine imposed upon that person or the suspension of sentence or from the date

of the person's unrevoked release from custody by parole, commutation, or termination

of sentence; (6) If the applicant has paid, given, caused to have been paid or given, or offered

to pay or give to any officer or employee of any carrier of freight by water any valuable

consideration for an improper or unlawful purpose or to induce that person to procure

the employment of the applicant by the carrier for the performance of stevedoring

services; or (7) If the applicant has paid, given, caused to be paid or given, or offered to pay

or give to any officer or representative of a labor organization any valuable consideration

for an improper or unlawful purpose or to induce the officer or representative to

subordinate the interests of the labor organization or its members in the management

of the affairs of the labor organization to the interests of the applicant. f. When the application shall have been examined and further inquiry and investigation

made as the division shall deem proper and when the division shall be satisfied therefrom

that the applicant possesses the qualifications and requirements prescribed in this

section, the division shall issue and deliver a license to that applicant. The division may issue a temporary permit to any applicant for a license under the

provisions of this section pending final action on an application made for a license. A temporary permit shall be valid for a period not in excess of 30 days. g. A stevedore's license shall be for a term of five years or fraction of that five-year

period, and shall expire on the first day of December. In the event of the death of the licensee, if a natural person, or its termination

or dissolution by reason of the death of a partner, if a partnership, or if the licensee

shall cease to be a party to any contract of the type prescribed by paragraph (4)

of subsection e. of section 7 of P.L.2017, c. 324 ( C.53:2-12 ), the license shall terminate 90 days after that event or upon its expiration date,

whichever shall be sooner. A license may be renewed by the division for successive five-year periods upon fulfilling

the same requirements as are established in this section for an original application

for a stevedore's license. h. Any license issued pursuant to this section may be revoked or suspended for a period

as the division deems in the public interest or the licensee thereunder may be reprimanded

for any of the following offenses on the part of the licensee or of any person required

by this section to sign or be identified in an original application for a license: (1) Conviction of a crime or other cause which would permit or require disqualification

of the licensee from receiving a license upon original application; (2) Fraud, deceit, or misrepresentation in securing the license or in the conduct

of the licensed activity; (3) Failure by the licensee to maintain a complete set of books and records containing

a true and accurate account of the licensee's receipts and disbursements arising out

of the licensee's activities within the port of New York district in this State; (4) Failure to keep its books and records available during business hours for inspection

by the division and its duly designated representatives until the expiration of the

fifth calendar year following the calendar year during which occurred the transactions

recorded therein; or (5) Any other offense described in this section. i. In addition to the grounds elsewhere established in P.L.2017, c. 324 ( C.32:23-229 et al.), the division shall not grant an application for a license as stevedore if

the applicant has paid, given, caused to have been paid or given, or offered to pay

or give to any agent of any carrier of freight by water any valuable consideration

for an improper or unlawful purpose or, without the knowledge and consent of the carrier,

to induce the agent to procure the employment of the applicant by the carrier or its

agent for the performance of stevedoring services.