N.J. Admin. Code § 5:18-10.5

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

Section 5:18-10.5 - Suspension and revocation of licenses and certifications and alternative sanctions

(a) The Division may suspend or revoke a license, or may deny renewal or issuance of a license, upon a finding that an applicant or licensee has engaged in acts or omissions harmful to public safety or to the protection of the public. Factors in determining whether a license should be revoked or suspended, or for how long a suspension should be in effect, shall include, but not be limited to, the extent and duration of the hazard to the public, the extent to which willful or reckless behavior was evident, prior history of like or similar violations, and the extent to which appropriate corrective action was taken.

(b) As an alternative to revocation or suspension of a license, the Division may assess a civil penalty, in accordance with N.J.S.A. 21:1B-5, or may issue a letter of warning, reprimand, or censure, if the Division determines any such action to be warranted. Any penalty imposed or letter issued shall be part of the licensing file of the business or individual, as the case may be.

(c) Conviction of a crime, or of an offense in connection with the LP-Gas business, shall constitute grounds for suspension or revocation of a license.

(d) Any person to whom the Division denies a license, or whose license is suspended or revoked, or who is ordered to pay a civil penalty, shall be entitled to appeal the action of the Division in an administrative hearing conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The final decision shall be issued by the Commissioner.

N.J. Admin. Code § 5:18-10.5

Amended by 52 N.J.R. 679(a), effective 4/6/2020