REAL ESTATE COMMISSION 11:5-11.10
to in (b) above shall be sufficient to establish that an adequate good faith effort was made to provide notice of the proceeding;
2. Based on the evidence presented, there is a substantial likelihood that the charging party will prevail on the merits when the matter is fully argued before the Commission; and
3. Immediate and irreparable harm will probably result before the licensee can be fully heard. Prima facie evidence of a violation of N.J.S.A. 45:15-17(d) or (o) shall be considered sufficient to satisfy this criterion.
(e) All orders imposing temporary suspensions shall advise the suspended licensee of the date upon which the Commission shall hold a full evidentiary hearing on the violations upon which the temporary suspension is based, which date shall be no more than 30 days following the effective date of the temporary suspension. Such a hearing shall be a plenary hearing, conducted in accordance with N.J.A.C. 1:1-14.1 through 14.7.
(f) The temporary suspension shall become effective upon issuance by the Commission, and the licensee and his or her broker shall promptly be notified of its issuance, whereupon the license of the suspended person shall immediately be returned to the Commission. The Commission shall confirm the suspension in a written order which shall be served upon the licensee and his or her broker via personal service or by certified mail, return receipt requested at the licensee’s last known business address.
(g) In order to entertain applications for temporary suspensions made during time periods when the Commission is not scheduled to meet, or when a quorum cannot be obtained, the Commission may delegate to three commissioners, at least one of whom shall be either the President or Vice-President of the Commission and at least one of whom shall be a public member, the authority to temporarily suspend a license as provided in (a) through (f) above. In such circumstances, all references in these rules to the Commission shall be construed as referring to the three commissioners so designated by the Commission.
New Rule, R.1994 d.270, effective June 20, 1994 (operative July 1, 1994). See: 26 New Jersey Register 737(a), 26 New Jersey Register 1222(a), 26 New Jersey Register 2586(a).
11:5-11.10 Procedures applicable to appeals of initial denials of licensing applications
(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.