New Jersey Statutes 45:1-21.5. Certain disqualifications prohibited
Terms Used In New Jersey Statutes 45:1-21.5
- Conviction: A judgement of guilt against a criminal defendant.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Statute: A law passed by a legislature.
(1) the nature and seriousness of the crime or offense and the passage of time since its commission;
(2) the relationship of the crime or offense to the purposes of regulating the profession or occupation regulated by the entity;
(3) 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
(4) 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.
b. An entity shall not disqualify a person from obtaining or holding a certificate, registration or license issued by the entity because of a person’s prior conviction of a crime or offense unless it provides the person with a written notice that the entity has determined that the conviction may disqualify the person, and an explanation for the preliminary determination that the crime or offense has a direct or substantial relationship to the activity regulated by the entity or is of a nature such that certification, registration or licensure of the person would be inconsistent with the public’s health, safety, or welfare, and affords the person an opportunity to be heard before the entity prior to the entity making a final decision on whether to disqualify the person. The person shall be afforded an opportunity to be heard before the entity no later than 45 days after the entity receives the person’s request for a hearing unless the person and the entity mutually agree to an extension. If, after the person is afforded the opportunity to be heard before the entity, the person is disqualified for a certificate, registration or license, the entity shall notify the person, no later than 45 days after the hearing, in writing of the following:
(1) the grounds and reasons for the denial or disqualification;
(2) the earliest date the person may reapply for the certificate, registration or license; and
(3) that additional evidence of rehabilitation may be considered upon reapplication.
c. If a person’s prior conviction was for murder, pursuant to N.J.S. 2C:11-3 or an equivalent statute of another state or jurisdiction, or any sex offense that would qualify the person for registration pursuant to section 2 of P.L.1994, c.133 (C. 2C:7-2) or under an equivalent statute of another state or jurisdiction, there shall be a rebuttable presumption that the crime or offense has a direct or substantial relationship to the activity regulated by the entity or is of such a nature that certification, registration or licensure of the person would be inconsistent with the public’s health, safety, or welfare.
d. This section shall apply to any license, certification, or registration issued by any entity designated in section 2 of P.L.1978, c.73 (C. 45:1-15), or by any principal department of the Executive Branch of State government or any entity within any department or any other entity hereafter created to license or otherwise regulate a profession or occupation.
e. No certificate, registration or license shall be issued by the Division of Local Government Services in the Department of Community Affairs to an individual who has, within the five years preceding the submission of an application for a certificate, registration or license, been convicted of embezzlement, fraud, crimes involving public corruption, or theft.
L.2021, c.81, s.2.