New Jersey § 56:8-141

§ 56:8-141.

In addition to any other procedure, condition or information required by P.L.2004, c. 16 ( C.56:8-136 et seq. ) : a. Every applicant shall file a disclosure statement with the director stating whether

the applicant has been convicted of any crime, which for the purposes of P.L.2004, c. 16 ( C.56:8-136 et seq. ) shall mean a violation of any of the following provisions of the “New Jersey Code

of Criminal Justice,” Title 2C of the New Jersey Statutes, or the equivalent under

the laws of any other jurisdiction: (1) Any crime of the first degree; (2) Any crime which is a second or third degree crime and is a violation of chapter

20 or 21 of Title 2C of the New Jersey Statutes; or (3) Any other crime which is a violation of N.J.S.2C:5-1 , 2C:5-2 , 2C:11-2 through 2C:11-4 , 2C:12-1 , 2C:12-3 , 2C:13-1 , 2C:14-2 , 2C:15-1 , subsection a. or b. of 2C:17-1, subsection a. or b. of 2C:17-2, 2C:18-2, 2C:20-4,

2C:20-5, 2C:20-7, section 1 or 2 of P.L.2023, c. 101 ( C.2C:20-10.1 or C.2C:20-10.2 ), 2C:20-9 , 2C:21-2 through 2C:21-4 , 2C:21-6 , 2C:21-7 , 2C:21-12 , 2C:21-14 , 2C:21-15 , or 2C:21-19 , chapter 27 or 28 of Title 2C of the New Jersey Statutes, N.J.S.2C:30-2 , 2C:30-3 , 2C:35-5 , 2C:35-10 , 2C:37-1 through 2C:37-4 . b. The director may refuse to issue or may suspend or revoke any registration issued

by him upon proof that the applicant or holder of the registration: (1) Has obtained a registration 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; (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 director; (6) Has been convicted of any crime that has a direct and substantial relationship to the activity regulated by P.L.2004, c. 16 ( C.56:8-136 et seq. ) or is of a nature such that registration of the individual would be inconsistent

with the public's health, safety, or welfare . For the purpose of this subsection 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 director 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 director; (9) Is incapable, for medical or any other good cause, of discharging the functions

of a registrant in a manner consistent with the public's health, safety, and welfare. c. An applicant whose registration is denied, suspended, or revoked pursuant to this

section shall, upon a written request transmitted to the director within 30 calendar

days of that action, be afforded an opportunity for a hearing in a manner provided

for contested cases pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410

( C.52:14B-1 et seq. ). d. An applicant shall have the continuing duty to provide any assistance or information

requested by the director, and to cooperate in any inquiry, investigation, or hearing

conducted by the director. e. If any of the information required to be included in the disclosure statement changes,

or if additional information should be added after the filing of the statement, the

applicant shall provide that information to the director, in writing, within 30 calendar

days of the change or addition. f. Notwithstanding the provisions of paragraph (6) of subsection b. of this section,

no individual shall be disqualified from registration or shall have registration revoked 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 P.L.2004, c. 16 ( C.56:8-136 et seq. ) or is of a nature such that registration 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: (a) the nature and seriousness of the crime or offense and the passage of time since

its commission; (b) the relationship of the crime or offense to the purposes of regulating the profession

or occupation regulated by the entity; (c) 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 (d) 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 .