N.J. Admin. Code § 13:1-14.1

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

Section 13:1-14.1 - Renewals

(a) A law enforcement officer shall be required to renew their license by submitting an application through the employing law enforcement unit to the Commission, in such manner as required by the Commission, six months prior to the expiration date of the license, which shall be accompanied by certifications from the law enforcement officer, and the chief law enforcement executive of the employing law enforcement unit, as required at N.J.A.C. 13:1-11.5.

(b) A law enforcement officer who is unable to certify to any item required at N.J.A.C. 13:1-11.5 shall disclose to the Commission the reason the law enforcement officer cannot make the certification. The Commission shall consider this information in determining whether the law enforcement officer's license shall be renewed.

(c) A chief law enforcement executive who is unable to certify to any item required at N.J.A.C. 13:111.5 shall disclose to the Commission the reason the chief law enforcement executive cannot make the certification and shall provide notice of the disclosure to the law enforcement officer. The Commission shall consider this information in determining whether the law enforcement officer's license shall be renewed.

(d) In addition to the information contained in the law enforcement license renewal application form, the Commission may request any additional information it deems relevant to determine whether a law enforcement officer's license should be renewed. The information may include a summary of a law enforcement officer's internal affairs file, or the entire personnel file as the Commission deems necessary. An employing law enforcement unit or the law enforcement officer shall provide all additional information requested by the Commission, including, but not limited to, the information required in the certification filed with the initial application for licensure as set forth at N.J.A.C. 13:1-10.2.

(e) The employing law enforcement unit shall review the publicly accessible social media activity of a candidate for license renewal to ensure that the candidate satisfies the licensing renewal requirements set forth at N.J.S.A. 52:17B-71d.

1. As part of the licensure renewal process, the renewal candidate shall provide the employing law enforcement unit with a list of all social media accounts knowingly maintained or used by the candidate in the last three years along with the user identity or screen name of the account, regardless of whether the account has been deleted or is otherwise no longer active or created under an alias or pseudonym. Inadvertent nondisclosure shall not serve as a basis to initiate an adverse licensing action.

2. In the event the employing law enforcement unit has probable cause to believe that the candidate for renewal may be using their social media accounts in a manner that would undermine public confidence in law enforcement as delineated at N.J.A.C. 13:1-10.3(a)6i or ii or 12.1(e)3, the renewal candidate shall grant the employing law enforcement unit access to their social media accounts as described at N.J.A.C. 13:1-10.2(b)3. Failure to grant said access will subject the renewal candidate to an adverse licensure action.

i. When the chief law enforcement executive has probable cause to believe that the renewal candidate may be using social media in a manner violative of the Police Licensing Act and/or the accompanying rules, the chief law enforcement executive shall prepare a written report documenting the basis of the social media check. The chief law enforcement executive shall then direct an investigator to perform a social media check on all of the social media accounts of the renewal candidate.

3. When access to the social media accounts is required, granting access may be achieved either through providing login credentials to the law enforcement unit's investigator, the Commission, or by logging in, in the presence of the investigator or the Commission, at the renewal candidate's discretion.

(f) Consistent with N.J.A.C. 13:1-11.5(b)9, the employing law enforcement unit shall perform a verification check of the renewal candidate's lack of participation with any foreign terrorist organization, domestic terrorist group, criminal organization, hate group, or a group 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.

1. As part of the licensure renewal process, the renewal candidate shall certify to the employing law enforcement agency that the candidate has not participated with any foreign terrorist organization, domestic terrorist group, criminal organization, hate group, or a group 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 in the last three years.

(g) A law enforcement officer license may be renewed administratively, without requiring review by the Licensing Committee or conducting a hearing, if the licensee and the chief law enforcement executive submit the certifications required pursuant to N.J.A.C. 13:1-11.5, and if there is no notice of an employment-related action concerning the licensee that has been submitted to or is required to be submitted to the Commission in accordance with N.J.A.C. 13:1-11.6.

(h) The license of a law enforcement officer who is active and in good standing and who has timely submitted a completed renewal application prior to the license expiration date shall be deemed in force and effect until the time as the Commission acts upon the renewal application, provided that nothing in this subsection shall be construed to preclude the Commission from exercising the authority to consider the imposition of an adverse licensure action.

(i) The chief law enforcement executive and the law enforcement officer have a continuing obligation to report to the Commission any changes that occur after the submission of the renewal that would make the content of the application inaccurate.

N.J. Admin. Code § 13:1-14.1

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

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