N.J. Admin. Code § 13:1-16.1

Current through Register Vol. 56, No. 18, September 16, 2024

Section 13:1-16.1 - Hearing process

(a) Except under the circumstances set forth at N.J.A.C. 13:1-12.1(g), in all situations involving the denial of a license, the refusal to renew a license, or the imposition of an adverse license action by the Commission, the law enforcement officer may request a hearing, to be conducted in a manner prescribed pursuant to this section. The Commission may hear the matter directly or may direct the Licensing Committee to hear the matter or refer the matter to a hearing officer for fact-finding and a recommended disposition. When conducting a hearing, the Licensing Committee shall have all the duties and powers of a hearing officer pursuant to this subchapter.

(b) In cases where the investigation has revealed that the law enforcement officer is the subject of a legal action resulting in the mandatory denial of licensure or revocation, as set forth at N.J.A.C. 13:1-12.1(g), the law enforcement officer shall be served with a provisional order of denial or revocation, and given an opportunity to submit a written response within 30 days. The law enforcement officer's response may not challenge the underlying basis for the legal action.

(c) In cases where the investigation has revealed grounds other than those arising from a legal action resulting in the mandatory denial of licensure or revocation, as set forth at N.J.A.C. 13:1-12.1(g), the officer shall be served with a complaint that provides notice of the charges against the law enforcement officer, setting forth the basis for the action and given the opportunity to file an answer and request a hearing within 30 days. Failure to file an answer or request a hearing may result in the Commission finding basis for the entry of a default and render a final decision.

(d) If the matter is referred to a hearing officer, the hearing officer shall conduct a hearing and provide a written report to the Licensing Committee detailing the facts revealed and providing a recommended disposition.

1. The Licensing Committee shall review the hearing officer's report, vote on the proposed disposition, and make a recommendation to the full Commission, which shall render a decision, in writing, to the law enforcement officer, or any other party participating in the hearing.

2. The parties may file exceptions to the hearing officer's report and may request an appearance before the Licensing Committee, which retains the discretion to grant or deny such request.

3. Any decision to deny licensure, refuse to renew a license, or enter an order with an adverse licensure action shall be, in writing, and provide findings of fact and conclusions of law.

N.J. Admin. Code § 13:1-16.1

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