N.J. Admin. Code § 13:1-16.2

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

Section 13:1-16.2 - Immediate suspension process

(a) In cases where the investigation has revealed that the law enforcement officer has engaged in conduct as delineated at N.J.A.C. 13:1-12.1, including, but not limited to, conduct resulting in pending charges or indictments that may result in legal action resulting in the mandatory denial of licensure or revocation, or where the underlying conduct poses an immediate risk or danger to public safety, health, order, or effective provision of law enforcement services, the law enforcement officer shall be served with a preliminary notice of immediate suspension, which provides notice of the charges against the law enforcement officer, sets forth the basis for the action, immediately suspends the law enforcement officer's license, and gives the law enforcement officer an opportunity to request a hearing within five days of receipt of the preliminary notice of immediate suspension. If no request is made within this time, or within such additional time as agreed to by the Commission, the Commission may then issue a Final Notice of Immediate Suspension. The hearing before the Licensing Committee or the Commission Chairperson shall be scheduled within five business days of the request for a hearing or at such time as agreed to by the law enforcement officer and shall be limited to the issue of whether the public interest would best be served by immediately suspending the license, pending a plenary hearing on the charges. The standard for determining that issue shall be whether the law enforcement officer is unfit for duty or is a risk or danger to any person or the public if permitted to remain licensed, or that an immediate suspension is necessary to maintain public safety, health, order, or effective provision of law enforcement services.

1. Where the immediate suspension is based upon pending charges that could result in a legal action mandating denial or revocation, the suspension may not extend beyond the disposition of the charges.

2. Where a law enforcement officer who has been immediately suspended enters Pre-Trial Intervention (PTI) or has received a conditional discharge, the charges shall not be deemed disposed of until completion of PTI or until dismissal of the charges due to the law enforcement officer's satisfaction of the conditions in a conditional discharge, as the case may be.

3. The Commission may continue the immediate suspension of a law enforcement officer until completion of PTI or until satisfaction of the conditions imposed in a conditional discharge. If the Commission chooses not to continue the immediate suspension during the PTI period or during the period of conditional discharge, it may reinstate the law enforcement officer's license upon a finding that the immediate risk or danger no longer exists or initiate an adverse licensure action against the law enforcement officer, with an opportunity for a plenary hearing. Where the Commission determines that an immediate suspension should be imposed, a Final Notice of Immediate Suspension shall be issued, in writing, stating the finding of fact and conclusions of law.

N.J. Admin. Code § 13:1-16.2

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