N.J. Admin. Code § 13:1-12.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:1-12.1 - Grounds for denial of applications for licensure, refusal to renew a license, or for adverse licensure actions

(a) The Commission shall deny the issuance of a license if an applicant fails to demonstrate to the Commission that the applicant meets the minimum qualification requirements as set forth at N.J.A.C. 13:1-10.

(b) The Commission shall deny the issuance of a license if the applicant or any person knowingly submits any false, untrue, or misleading statements on a license application, or any communication in connection with an application for a license.

(c) The Commission shall have the authority to refuse to renew a license if the licensee and chief law enforcement executive fail to certify to the Commission that the licensee meets the minimum qualification requirements as set forth at N.J.A.C. 13:1-10.

(d) The Commission shall have the authority to impose an adverse licensure action upon the licensee if the licensee fails to adhere to the minimum requirements as set forth at N.J.A.C. 13:1-10.

(e) The Commission shall have the authority to deny a license to an applicant, refuse to renew a license, or impose adverse licensure actions, upon proof by a preponderance of evidence, that the applicant or licensee has:

1. Committed acts that constitute a criminal violation, as evidenced by:

i. A conviction of a crime or other legal action or offense, as more specifically delineated at (g), (h), and (i) below;

ii. The placement or participation in any pre-trial diversionary program in this or any other state;

iii. The entry of a domestic violence restraining order issued pursuant to N.J.S.A. 2C:25-17 et seq., an extreme risk protective order, a temporary extreme risk protective order pursuant to N.J.S.A. 2C:58-20 et seq., or a temporary or final protective order issued pursuant to the Sexual Assault Survivor's Protection Act; and/or

iv. Proof that the applicant or licensee committed a crime involving moral turpitude, without regard to whether charges resulted in a conviction;

2. Knowingly engaged in any fraudulent or deceptive conduct, including, but not limited to, the following, as evidenced by proof or a sustained finding that the law enforcement officer:

i. Filed a false report, submitted a false certification, or testified falsely in any criminal, administrative, employment, financial, or insurance matter in the professional or personal life of the officer, where such acts were materially false;

ii. Was untruthful or demonstrated a lack of candor in any criminal, administrative, employment, financial, or insurance matter in the professional or personal life of the officer;

iii. Mishandled, destroyed, or fabricated evidence;

iv. Engaged in conduct that subverted or compromised the validity of testing;

v. Intentionally made any materially false statement or omission in obtaining or reactivating a license to be a law enforcement officer;

vi. Failed to cooperate with an investigation or respond truthfully to questions related to an investigation or legal proceeding;

vii. Refused to submit to a drug or alcohol test requested during or after a motor vehicle stop, when submission to a drug or alcohol test during or after a motor vehicle stop is required under the law or pursuant to agency policy; or

viii. Submitted any false, untrue, or misleading statements on a license renewal application, or any communication in connection with an application for a license renewal;

3. Engaged in any act or conduct that would undermine public confidence in law enforcement including, but not limited to, the following, as evidenced by proof that the applicant or licensee has:

i. Engaged in any unprofessional, unethical, or deleterious conduct or practice harmful to the public, regardless of whether such conduct or practice resulted in actual injury to any person;

ii. Used excessive force in violation of the Attorney General's Use of Force Policy, or policy as established by the employing law enforcement unit;

iii. Failed to take affirmative steps to intervene whenever another law enforcement officer uses, or is about to use, excessive force in violation of the Attorney General's Use of Force Policy, or policy as established by the employing law enforcement unit;

iv. Failed to report an incident involving excessive use of force by another law enforcement officer, in violation of the Attorney General's Use of Force Policy, or policy as established by the employing law enforcement unit;

v. Engaged in harassment or intimidation;

vi. Had, or is having, an inappropriate relationship with, sexual or otherwise, including, but not limited to, a person who the law enforcement officer knows or should have known is a victim, witness, defendant, or informant in an ongoing investigation or adjudication or otherwise in law enforcement custody;

vii. Engaged in sexual harassment or unwelcome or nonconsensual sexual contact;

viii. Misused or accessed, without authorization, or in excess of authorization, any data, database, computer, computer storage medium, computer software, computer equipment, or computer system;

ix. Engaged in conduct involving unlawful sexual contact, physical violence, or driving under the influence of drugs or alcohol;

x. Engaged in illegal possession, distribution, manufacture, or use of drugs;

xi. Participated with, or currently participates with, any foreign terrorist organization, domestic terrorist group, criminal organization, hate group, or a group or organization that advocates for, espouses, or promotes the commission of acts of force and violence, or any other unlawful means, to overthrow a local, state, or Federal government of the United States;

xii. Knowingly engaged in any social media activity exhibiting public expression of lawlessness or bias; or

xiii. Been suspended or discharged by the law enforcement officer's employing law enforcement unit for disciplinary reasons;

4. Failed to meet and maintain proper licensing standards and regulatory requirements, as evidenced by proof that the applicant or law enforcement officer has:

i. Failed to successfully complete the continuing education requirements as set forth at N.J.A.C. 13:1-13;

ii. Failed to complete required firearms qualifications;

iii. Failed to notify the Commission or the employing law enforcement unit within two days of being charged with crime or any other legal action resulting in a mandatory denial or adverse licensure action;

iv. Had a law enforcement license or certification revoked, suspended, or annulled by any lawful certifying or licensing authority, had other adverse licensure action taken against the law enforcement officer by any lawful certifying or licensing authority, or was denied a license or certification by any lawful certifying or licensing authority; or

v. Failed to notify the Commission or the employing law enforcement unit within two days of having had a law enforcement license or certification revoked, suspended, or annulled by any lawful certifying or licensing authority, having been the subject of other adverse licensure action taken against the law enforcement officer by any lawful certifying or licensing authority, or denied a license or certification by any lawful certifying or licensing authority;

5. Failed to discharge legal obligations, as evidenced by proof that the applicant or law enforcement officer has:

i. Failed to make court-ordered payments of child support or family support maintenance, birth expenses, medical expenses, or other expenses relating to support of a child or former spouse;

ii. Failed to properly file Federal and New Jersey State tax returns, as well as any other applicable tax returns; or

iii. Failed to pay any tax, deposit, or penalty; or

6. Displayed an incapacity to serve as a law enforcement officer, as evidenced by proof that the applicant or law enforcement officer has:

i. Been adjudged mentally incompetent by a court of competent jurisdiction, within or outside this State; or

ii. Become unable to perform as a law enforcement officer with reasonable skill and safety to citizens by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.

(f) In addition to, and in conjunction with, the imposition of an adverse licensure action, the Commission may make a finding adverse to the applicant or licensee, but withhold imposition of judgment or it may impose the judgment but suspend enforcement thereof and place the licensee on probation, which may be vacated upon noncompliance with reasonable terms as the Commission may impose.

(g) Proof of a conviction of the following shall result in the mandatory denial of licensure, a refusal to renew a license, or a revocation of licensure:

1. A crime in this State or any other state, territory, country, or of the United States, including a conviction of an offense that if committed in this State would be deemed a crime pursuant to either a State or Federal law without regard to its designation elsewhere;

2. An act of domestic violence pursuant to N.J.S.A. 2C:25-17 et seq.; or

3. An offense that would preclude an applicant or law enforcement officer from carrying a firearm as defined at N.J.S.A. 2C:39-1.

(h) Proof of a conviction of any disorderly person's offense or petty disorderly persons offense involving dishonesty, fraud, or a lack of good moral character may result in the denial of licensure, a refusal to renew a license, or the revocation of licensure or another adverse licensure action, unless:

1. The Commission determines the offense to be de minimis in nature or inconsequential to the applicant's or licensee's ability to meet the standards expected of a law enforcement officer;

2. The applicant or licensee provides documentation that demonstrates to the satisfaction of the Commission that the conviction or convictions occurred five or more years prior to submission of an application for licensure or renewal of a license as a law enforcement officer and the applicant or licensee has taken rehabilitative steps since the conviction or convictions to become a law-abiding citizen through actions including, but not limited to, continuing education, maintaining gainful employment, and having no further convictions; and

3. The applicant or licensee is currently of good moral character and submits at least three letters of recommendation from members of the applicant's or licensee's community detailing the applicant's or licensee's good moral character.

(i) Proof of a conviction for two or more motor vehicle offenses for operating a motor vehicle while under the influence of drugs or alcohol pursuant to N.J.S.A. 39:4-50 or two or more motor vehicle offenses for reckless driving pursuant to N.J.S.A. 39:4-96, shall result in a denial of licensure, a refusal to renew, or an adverse licensure action, unless:

1. The applicant or licensee provides documentation that demonstrates to the satisfaction of the Commission that the conviction or convictions occurred five or more years prior to submission of an application for licensure or renewal of a license as a law enforcement officer;

2. The applicant or licensee has taken rehabilitative steps since the conviction or convictions to become a law-abiding citizen through actions including, but not limited to, continuing education, maintaining gainful employment, and having no further convictions; and

3. The applicant or licensee is currently of good moral character and submits at least three letters of recommendation from members of the applicant's or licensee's community detailing the applicant's good moral character.

(j) The Commission shall have the authority to consider all factual circumstances presented when determining appropriate adverse licensure actions, other than with regard to those mandatory licensure denials and revocations specified in sections 14(a)(13) and 17(a)(3) at P.L. 2022, c. 65.

N.J. Admin. Code § 13:1-12.1

Adopted by 55 N.J.R. 1932(b), effective 9/5/2023

Amended by 56 N.J.R. 2083(c), effective 10/21/2024