N.J.A.C. 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 Commission: 1. License applications; 2. Applications for the waiver of the prelicensure education requirement and/or broker experience requirement submitted by disabled veterans; 3. Applications for the waiver of the prelicensure education requirement by persons other than disabled veterans; 4. Applications for the waiver of the broker experience requirement by licensees of other states; 5. Applications for approval of experience as a salesperson to challenge the broker license examination; and 6. Applications for exemption from the continuing education requirement pursuant to N.J.A.C. 11:5-12.5A by brokers or broker-salespersons. (b) An appeal to the Commission shall be filed within 45 days of the date of the notice of denial and shall include three copies of the following: 1. A letter stating the factual and legal basis of the appeal, which shall also state whether the applicant seeks to present oral argument and/or testimony when the appeal is considered by the Commission; 2. If the denial was based upon an applicant's prior criminal history, the appeal shall include any judgment(s) of conviction that form the basis of the denial. If an applicant was under the supervision of a probation or parole officer within one year of making their application, a letter from their probation or parole officer stating the extent of the applicant's compliance with the terms and conditions of their probationary sentence or parole supervision shall be submitted. If the denial is based on the applicant's loss of a professional license, a copy of the order or memorandum of settlement evidencing the loss of the professional license shall be submitted; 3. All applications described at (b)2 above shall include a letter from the broker with whom the applicant intends to be licensed, evidencing that person's full knowledge of the information that 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 documentation that the Commission deems necessary to make a fully informed decision on the appeal. (c) Upon the proper filing of an appeal as described in this section, the appeal package shall be reviewed, and the applicant advised, of one of the following: 1. The date, time, and place at which the appeal will be considered by the Commission; or 2. That, based upon the documents provided, a determination has been made to approve the application; or 3. That the appeal package is deficient in certain respects specified to the applicant, and 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 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.