Bill > A2225

Introduced Session

This bill requires professional and occupational boards in the Division of Consumer Affairs, when determining whether a person is disqualified from certification, registration or licensure because of a prior conviction of a crime, to consider whether the crime directly relates to the profession or occupation regulated by the board. Current law permits a board to refuse to admit a person to an examination or refuse to issue or to suspend or revoke any certificate, registration or license issued by the board upon proof that the applicant or holder of such certificate, registration or license 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. The bill amends this standard of proof in current law to delete the reference to a crime or offense involving moral turpitude, and requires that the crime or offense be directly related to the activity regulated by the board, rather than adversely related. In addition, the bill supplements current law to provide that no person will be disqualified from obtaining or holding any certificate, registration or license issued by a board solely because of a prior conviction of a crime, unless the crime directly relates to the profession or occupation regulated by the board. In determining whether a crime or offense directly relates to the activity regulated by the board, a board must consider the following: (1) the nature and seriousness of the crime and the passage of time since its commission; (2) the relationship of the crime to the purposes of regulating the profession or occupation regulated by the board; (3) any evidence of rehabilitation of the person in the period of time following the prior conviction; and (4) the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation regulated by the board. The bill provides that a board may not disqualify a person from obtaining or holding a certificate, registration or license issued by the board because of a person's prior conviction of a crime unless it provides the person with a written notice that the board has determined that the conviction may disqualify the person, demonstrates the connection between the conviction and the profession or occupation regulated by the board, and affords the person an opportunity to be heard before the board prior to the board making a final decision on whether to disqualify the person. If the board's final decision is to disqualify the person, the board must notify the person in writing as to the grounds and reasons for the disqualification, the earliest date upon which the person may reapply, and that evidence of rehabilitation may be considered upon reapplication. The bill also provides that a person's prior conviction for any sex offense that would qualify the person for registration under "Megan's Law," or under an equivalent statute of another state or jurisdiction, creates a rebuttable presumption that a direct relationship exists between the prior conviction and the profession or occupation regulated by the board. Finally, the bill requires the division to obtain data concerning the number of, and reasons for, disqualification by any board pursuant to the provisions of the bill, and annually submit a report to the Legislature that provides the disqualification data for each board.

AI Summary

Committee Categories

Yvonne Lopez (D)*,  Carol Murphy (D)*,  Anthony Verrelli (D), 

Assembly Regulated Professions Hearing (14:00:00 2/22/2024 Committee Room 12, Fourth Floor, State House Annex, Trenton, New) (on 02/22/2024)

Official Document