§ 52:17B-71e — Adverse license action, repercussions.

New Jersey § 52:17B-71e

• Jurisdiction: New Jersey
• Title 52: STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

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18. a. The commission shall have authority to impose an adverse license action as set forth in subsection b. of this section if the applicant or officer has: (1) failed to demonstrate or adhere to the minimum qualifications under section 14 of P.L.2022, c.65 (C.52:17B-71b), or in the rules and regulations of the commission when applying for a license or license renewal; (2) knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of being a law enforcement officer or in any document connected therewith or practiced fraud or deceit or intentionally made any false statement in obtaining a license to be an officer; (3) been convicted of a crime in this State or any other state, territory, country, or of the United States. As used in this paragraph, the term "convicted of a crime" shall include a conviction of an offense which if committed in this State would be deemed a crime under either state or federal law without regard to its designation elsewhere; (4) committed a crime involving moral turpitude, without regard to conviction. The conviction of a crime involving moral turpitude shall be conclusive of the commission of the crime; (5) been convicted of an act of domestic violence as defined by section 1 of P.L.1991, c.261 (C.2C:25-17 et seq.); (6) had the officer's law enforcement license revoked, suspended, or annulled by any lawful certifying or licensing authority, had other disciplinary action taken against the officer by any lawful certifying or licensing authority, or was denied a license by any lawful certifying or licensing authority; (7) engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public; the conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term "unprofessional conduct" shall include any departure from, or failure to conform to, the minimal standards of acceptable and prevailing practice of an officer as prescribed by the commission. As used in this paragraph the term "deceptive conduct" shall include but not be limited to: (a) a sustained finding that a law enforcement officer filed a false report or submitted a false certification in any criminal, administrative, employment, financial, or insurance matter in the professional or personal life of the officer; (b) a sustained finding that the law enforcement officer was untruthful or demonstrated a lack of candor; (c) a sustained finding that the law enforcement officer mishandled or destroyed evidence; or (d) a sustained finding that a law enforcement officer has engaged in conduct demonstrating discrimination, hatred or bias against individuals or groups based on race, creed, color, national origin, ancestry, sex, marital status, sexual orientation, gender identity or expression, or any other protected characteristic under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); (8) been adjudged mentally incompetent by a court of competent jurisdiction, within or outside this State; (9) become unable to perform as an officer with reasonable skill and safety to citizens by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition; (10) been the subject of or had a domestic violence restraining order pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.), an extreme risk protective order or a temporary extreme risk protective order pursuant to P.L.2018, c.35 (C.2C:58-20 et seq.) issued against the applicant or officer; or (11) been suspended or discharged by the officer's employing law enforcement unit for disciplinary reasons. b. If the commission finds, based on its own review or a recommendation of the licensing committee, that any person has engaged in the conduct described in subsection a. of this section, the commission may take any of the following actions: (1) suspend any license for a definite period; (2) place limitations or restrictions on a license; (3) revoke a license; (4) condition a penalty, or withhold formal disposition, upon the officer's completing care, counseling, or treatment, as directed by the commission; or (5) place the officer's license on inactive status. c. In addition to and in conjunction with the foregoing actions, the commission may make a finding adverse to the applicant or law enforcement officer, but withhold imposition of judgment or it may impose the judgment but suspend enforcement thereof and place the officer on probation, which may be vacated upon noncompliance with reasonable terms as the commission may impose. d. In its discretion, the commission may restore and reissue a license issued under this act and, as a condition thereof, may impose any corrective measure prescribed by the commission. e. In all situations where a law enforcement officer has been convicted of an offense set forth in subparagraph (a), (b), or (c) of paragraph (13) of subsection a. of section 14 of P.L.2022, c.65 (C.52:17B-71b), the commission shall revoke a law enforcement officer's license. f. Any decision to revoke or suspend a license shall be accompanied by a written statement in a form to be prescribed by the commission. g. Decisions of the commission authorized under this section shall be final agency decisions subject to appeal to the Superior Court. h. The commission shall report all final decisions to revoke or deny licensure issued under this act to the National Decertification Index. L.2022, c.65, s.18.