N.J. Admin. Code § 11:5-11.10 - Procedures applicable to appeals of initial denials of licensing applications

Current through Register Vol. 54, No. 7, April 4, 2022

(a) Initial denials of the following applications may be appealed to the Real Estate Commission through compliance with all of the requirements established in (b) below:
1. License applications;
2. Applications from disabled veterans for education waivers and/or broker experience requirement waivers;
3. Applications for the issuance of education waivers by persons other than disabled veterans;
4. Applications for the issuance of broker experience requirement waivers by broker licensees of other states; and
5. Applications by broker license candidates for the Commission's approval of their experience as a salesperson so as to qualify to challenge the broker license examination.
(b) All appeals to the Real Estate Commission provided for in (a) above shall be filed by the appealing applicant submitting to the Commission within 45 days of the date of the notice of denial an original and two copies of all of the documentation noted below:
1. A covering letter stating the factual and legal basis of the appeal, to which shall be attached a copy of the application and the denial letter which forms the basis of the appeal. The said covering letter shall also state whether the applicant desires to appear and present oral argument and/or testimony when the appeal is considered by the Commission;
2. Where the denial was based upon an applicant's prior criminal history and/or their loss of a professional license, all judgments of conviction on the convictions which form the basis of the denial and a letter from their probation or parole officer, if within one year of making the application they were under such supervision, which letter shall state the extent of the applicant's compliance with the terms and conditions of his or her probationary sentence or parole supervision, and/or a copy of the order or memorandum of settlement evidencing the loss of the professional license;
3. On all applications as described in (b)2 above, a letter from the broker with whom the applicant intends to be licensed, evidencing that person's full knowledge of the factors which formed the basis of the initial denial;
4. Any other relevant documentation which the applicant desires the Commission to consider when hearing the appeal; and
5. Any other documentation which the Commission determines is required in order to allow it to make a fully informed decision on the appeal.
(c) Upon the proper filing of an appeal as described in (b) above, the appeal package shall be reviewed and the applicant advised of the following:
1. The date, time and place at which the appeal will be considered by the Real Estate Commission; or
2. That based upon the content of the appeal documents a determination has been made to approve the application; or
3. The appeal package is deficient in certain respects, which shall be specified to the applicant, with an indication that upon receipt of the missing documentation the appeal will be given further consideration.
(d) All applicants have the opportunity to be represented by counsel when submitting an appeal and/or appearing before the Real Estate Commission and to call witnesses to testify on their behalf at the time of its consideration of their appeal.
(e) Upon the conclusion of a hearing on an appeal, the Commission shall either render a decision or take the matter under advisement and render a decision at a future date. The ruling of the Commission shall be communicated to the applicant in written form promptly upon the decision being rendered.

Notes

N.J. Admin. Code § 11:5-11.10
Amended by R.1998 d.497, effective 10/5/1998.
See: 30 N.J.R. 2333(a), 30 N.J.R. 3646(a).
Rewrote (a).
Amended by R.2011 d.030, effective 1/18/2011.
See: 42 N.J.R. 1991(a), 43 N.J.R. 189(a).
In the introductory paragraph of (a) and of (b), and in (c)1, deleted "full" preceding "Real Estate Commission"; in (a)1, deleted ", with the exception of reinstatement applications submitted beyond the statutory established time limitations upon such reinstatements" following "applications"; and in the introductory paragraph of (b), substituted "two" for "15".

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