New Jersey Statutes 58:10A-24.5. Denial, Revocation, etc. of Certification
Terms Used In New Jersey Statutes 58:10A-24.5
- Fraud: Intentional deception resulting in injury to another.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
(1) a violation, or abetting another to commit a violation, of any provision of this act, or of P.L.1986, c.102 (C. 58:10A-21 et seq.), or rule or regulation adopted, or order issued under either act;
(2) making a false statement on an application for certification or other information required by the department pursuant to this act, or P.L.1986, c.102;
(3) misrepresentation or the use of fraud in obtaining certification , in performing tank testing, tank installation, tank removal, tank closure, or subsurface evaluations for corrective action, closure or corrosivity on an unregulated heating oil tank, or in performing underground storage tank services;
(4) failure to meet the standards or requirements of the certification program, including standards relevant to the performance, qualifications, and business practices of persons or business firms who perform tank services.
b. Before suspending, revoking, or refusing to renew a certification, the department shall afford the applicant or certificate holder an opportunity to be heard in accordance with the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.).
c. Suspension, revocation, or refusal to renew a certification shall not bar the department from pursuing against the applicant or certificate holder any other lawful remedy available to the department.
d. Any business firm or person whose certification is revoked shall be ineligible to apply for certification for three years from the date of the revocation.
e. If the department has reason to believe that a condition exists that poses an imminent threat to the public health, safety or welfare, it may order the certificate holder to cease operations pending the outcome of the hearing.
L.1991,c.123,s.5; amended 1999, c.322, s.6; 2006, c.58, s.7.