NJ Professional License Denials for Application Non-Disclosure
Submitted by Nursing License Defense Lawyer, Jeffrey Hark
In re Y.L._437 N.J. Super. 409
New Jersey’s Professional licensure boards are denying professional licensure for inadvertent, mistakes or omissions regarding any subject matter, prior criminal history, other state, licensure, or any other fact, not disclosed on a board application. The specific question being asked is: “have you ever been summoned; taken into custody; arrested for, formally accused of, charged with, or indicted for any violation of law, ordinance, felony, misdemeanor, or disorderly persons offense whether municipal, state, federal, or in other countries?”
The following discussion involves inadvertent misrepresentations or omissions on the professional board application/questionnaire identified above. I repeatedly receive inquiries for individuals who have had their professional board application denied due to a failure to include prior criminal charges, DUI offenses, and other state licensure issues on their initial board application.
I have had success in having the board reconsider the application once we provide a full and complete ‘amended answer’ and the additional materials are provided to the numerous professional board boards governed by the uniform enforcement act. In addition, often times we are able to simultaneously file expungements to get rid of unnecessary charges, arrests, and or convictions which were not disclosed. However, the New Jersey appellate division has deferred to board decisions regarding any type of licensure application denial based upon non-disclosure/misresentations of prior charges because the Boards are charges with regulating the delivery of healthcare to the public which is highly regulated business activity that directly impacts upon the safety welfare of the public. The court has repeatedly found any misrepresentation offensive because it violates the remedial nature of the public health statute and regulations which have been drafted by the legislature to protect the public.
In other words, perspective licenses cannot argue that they “negligently” failed to include a prior municipal court or superior court criminal charge and or criminal conviction and or DWI. Those misrepresentations are relied upon by the board when making licensure determination for individuals providing services to the public community at large. The board is not required to find any intent to deceive as a result. Remember: the board’s only statement will be: “The Board finds that the Applicant engaged in misrepresentation on the application, when she failed to disclose the arrest and conviction, which constitutes a violation of N.J.S.A. 45:1-21(b). ”
Often time people call me and ask if a DWI from 2005 or 1998 needs to be disclosed or a prior criminal charge that was dismissed in municipal court needs to be disclosed. The fact of the matter is the strict answer is: yes, absolutely every offense and municipal court and or DWI conviction, as well as any criminal charge dismissed, must be disclosed. Often times we are able to supplement an applicant application, include the materials, and obtain a consent order to have a license ordered with several caveats however, this must be viewed on a case by case basis and the nature of the non-disclosure seriously evaluated if you have questions regarding your license application, please call my office fill out the online chat and we will get back to you immediately.
