N.J. Admin. Code § 13:35-12.17

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:35-12.17 - Suspension, revocation or refusal to renew license

(a) The Board may refuse to grant or may suspend or revoke a license to practice or teach electrology or operate an electrology office upon proof that the licensee:

1. Has employed unlicensed persons to practice electrology or supervised or aided an unlicensed person in the practice of electrology;

2. Has advertised the practice of electrology so as to disseminate false, deceptive or misleading information, whether as an individual, through a professional service corporation, or through a third party;

3. Has promoted the sale of devices, appliances, or goods to a client so as to exploit the client for financial gain;

4. Has used instruments or procedures in the practice of electrology that are not approved by the Board or Committee as set forth in 13:35-12.10 and 12.11;

5. Has maintained an office not in compliance with the standards for sanitary conditions set forth in 13:35-12.10 and 12.11;

6. Has acted in a manner inconsistent with the standards of practice of electrology at N.J.A.C. 13:35-12.10, 12.11, 12.18, 12.19, 12.20 and 12.21;

7. Has obtained a certificate, registration, license or authorization to sit for an examination, as the case may be, through fraud, deception or misrepresentation;

8. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;

9. Has engaged in gross negligence, gross malpractice or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any person;

10. Has engaged in repeated acts of negligence, malpractice or incompetence;

11. Has engaged in professional or occupational misconduct as may be determined by the Board;

12. Has been convicted of, or engaged in acts constituting, any crime or offense involving moral turpitude or relating adversely to the activity regulated by the Board. For the purpose of this subchapter, a judgment of conviction or a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;

13. Has had his or her authority to engage in the practice of electrology revoked or suspended by any other state, agency or authority for reasons consistent with this subchapter;

14. Has violated or failed to comply with the provisions of any Act or regulation administered by the Board;

15. Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public's health, safety and welfare;

16. Has repeatedly failed to submit completed applications, or parts of, or documentation submitted in conjunction with such applications, required to be filed with the Department of Environmental Protection;

17. Has violated any provision of P.L. 1983, c.320 (C.17:33A-1 et seq.) or any insurance fraud prevention law or Act of another jurisdiction or has been adjudicated, in civil or administrative proceedings, of a violation of P.L. 1983, c.320 (C.17:33A-1 et seq.) or has been subject to a final order, entered in civil or administrative proceedings, that imposed civil penalties under the Act against the applicant or holder;

18. Is presently engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety. For purposes of this subchapter, the term "presently" means at this time within the previous 365 days;

19. Has permitted an unlicensed person or entity to perform an act for which a license or certificate of registration or certification is required by the Board, or aided and abetted an unlicensed person or entity in performing such an act; or

20. Has advertised fraudulently in any manner.

(b) In addition to the consequences listed in (a) above, the Board may impose additional or alternative penalties pursuant to 45:1-14 et seq. for violations of any provision of the Act and this subchapter.

(c) The refusal to renew, temporarily suspend or revoke a license, and/or the issuance of a civil penalty under this section may be ordered by the Board provided that the licensee has an opportunity to be heard by the Board or Committee.

N.J. Admin. Code § 13:35-12.17