Law Enforcement Licensing: An Overview

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Law Enforcement
Licensing
 
AN OVERVIEW
 
1
 
 
SECTION I:
 
INTRODUCTION
 
2
 
Why Police Licensure?
When does it take effect?
Who Does it Effect?
N.J.S.A. 
52:17B-67.1
N.J.A.C. 
13: 1-10.1
N.J.S.A. 
52: 17B-1, et. Seq.
N.J.S.A.
 52:17B-66
N.J.A.C. 
13:1-2.1
N.J.A.C. 13:1-21.1
 
 The bill was signed into law on July 21, 2022, and with a
few exceptions, the law and the regulations take effect
on 
January 1, 2024.
The legislature found Licensure necessary for 
all sworn
law enforcement officers 
in order to maintain
professionalism and uphold  public trust in law
enforcement.
This means any person who is employed as a sworn
member of any State, county or municipal law
enforcement agency, department, division, or
instrumentality of those governments who is
statutorily empowered to act for the detection,
investigation, arrest, conviction, detention or
rehabilitation of persons violating the criminal laws of
the State needs a license effective 
January 1, 2024
.
 
3
 
HOW LONG
DOES A
LICENSE  LAST?
N.J.S.A. 52: 
17B-
1, et. Seq.
N.J.A.C. 13:1-
20.1
 
A License is valid for 
3 years 
from the date of issue.
 
All currently certified officers will receive a license on
January 1, 2024.
 
The initial licensing period will stagger expiration dates in a
manner determined by the PTC.
These licenses will be for 
1, 2, or 3 years
.
Initial licensing period shall not exceed 
3 years
.
 
The PTC will issue guidance for subsequent licensing
intervals so that all of the approximately 38,000 law
enforcement officers will not have to be renewed at the
same time.
 
4
 
Who
Administers
Licensing?
N.J.S.A. 52:17B-
71
N.J.A.C. 
13:1-2.5
N.J.A.C. 
13:1-2.6
 
 
The Police Training Commission
Originally created by the Police Training Act to facilitate education
and training of LEOs
 The PTC’s goal is to enhance professionalism, transparency, and
accountability of law enforcement
Composed of representatives of various organizations
The AG is the Chairperson – Appoints an administrator
4
 
citizens of N.J. who are appointed by the Governor with the advice
and consent of the state Senate. Their terms are for three years.
16 
Other members include the PBA, FOP, NJSACOP, The NJSP, and
the STFA.
Powers, Responsibilities, and duties now include, but are not
limited to, administering law enforcement licensing and
regulating all aspects of law enforcement training.
 
 
 
N.J.S.A.
52:17B-71
N.J.A.C. 
13:1-
2.4
 
 
Do members of the PTC have to undergo training?
 
All
 members of the PTC must annually complete all training
mandated by the Attorney General, including but not limited to,
ethics and confidentiality training.
 
All newly appointed public members 
of the PTC 
must complete a
course familiarizing them
 
with relevant law enforcement training
concepts, including but not limited to, 
use of force and internal
affairs policy.
 
6
 
N.J.S.A. 52:17B-
70
N.J.S.A. 52:17B-
71
N.J.A.C. 
13:1-2.2
N.J.A.C. 
13:1-2.6
 
What is the Licensing Committee?
 
The Licensing Committee administers licensing
Has 
at least 
seven members including AG and at
least one public member;
Can review applications for licensing;
Request additional information to determine
qualifications;
Make recommendations for adverse licensing
action; and
May designate a hearing officer to conduct
hearings
 
 
 
SECTION II:
 
LICENSE REQUIREMENTS
 
8
 
Who Notifies PTC of a
New Appointments?
N.J.S.A.
52: 17B-77.16(a)
N.J.S.A.
52: 17B-71c
N.J.A.C. 
13: 1-11.2
N.J.A.C. 
13: 1-11.3
 
 
 The Appointing Authority makes the LEO appointment;
 
The 
Chief Law Enforcement Executive 
of an employing Law
Enforcement Unit 
shall notify the PTC in writing of a LEO’s
appointment 
to or employment with the LEO Unit.
NONA form will be absorbed into ACADIS
 
The LEO Unit is responsible for collecting, verifying, and maintaining
all required licensing documentation
Completed application records must be maintained for at least 5 years
Ultimately, the Chief LEO Executive’s responsibility
 
Notification shall include the commencement date 
of such
appointment or employment.
 
9
 
Notification must be
sent to School
Director for New Hire
Trainees
N.J.S.A.
52: 17B-77.16a
N.J.S.A.
52: 17B-71c
N.J.A.C. 13:1-
8.2
 
 
The amount of 
written notice that the Chief LEO
Executive must provide the school director
 prior
to the course beginning that LEO Unit has
complied with its responsibilities pursuant to
N.J.A.C. 13:1-
8.1, et. seq. 
has increased from 10
days to 21 days.
If LEO Unit cannot comply, LEO Unit may make a
written request to the Commission for an
extension of time.
 
 The extension request must state the reasons why
an extension of time is needed.
 
Important to schedule hiring around beginning
of academy class
 
10
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-67.1
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
 
 
 
In order to be licensed, the Applicant must satisfy the
basic licensing requirements.
LEOs appointed on or after 1/1/24 must complete the
initial licensing process.
LEOs appointed prior to 1/1/24 must complete the
license renewal process.
 
If the Applicant does not satisfy the basic licensing
requirements, they cannot be licensed.
BACKGROUND IS IMPORTANT
 
 
 
 
11
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-10.3
N.J.A.C. 
13: 1-11.2
 
 
 A license application may be denied if the applicant
fails to meet any of the license requirements such as
:
 
 
 
 
 
12
 
WHAT THE
BACKGROUND CHECK
MUST INCLUDE:
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.3
N.J.A.C. 
13: 1-11.2
 
 
 
 
 
 
 
 
 
.
 
 
13
 
WHAT  THE
BACKGROUND CHECK
MUST INCLUDE:
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.3
N.J.A.C. 
13: 1-11.2
 
 
The 
BACKGROUND CHECK 
includes:
 
FINGERPRINTING
 of the Applicant
NJSP, FBI, and other relevant databases
NCIC
Interstate Identification Index
NJDMV History, and if necessary any DMV from surrounding
states
E-Courts, ATS, and ACS
Promis Gavel
A check in accordance with the Prison Rape Elimination Act
The Domestic Violence Registry
Any other database or successor database to the above named
sources
 
  Primary purpose is to check for warrants, arrests, restraining
orders, or criminal records
 
 
14
 
WHAT  THE
BACKGROUND CHECK
MUST INCLUDE:
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.3(a)(6)
N.J.A.C. 
13: 1-11.2
 
 
The 
BACKGROUND CHECK 
includes a 
SOCIAL MEDIA CHECK 
of the
Initial Applicant’s 
SOCIAL MEDIA 
that searches:
Initial Applicant must provide access to all  social media accounts;
The initial applicant must list every social media account they used
within the past 5 years, regardless of whether or not the account
has been deleted or is no longer used
At a minimum, must search outwardly facing and publicly accessible
components of those accounts
The search is for content relevant to bias-relevant behaviors;
behaviors indicative of misconduct or dishonest, illegal acts or
activity; or other behaviors or evidence indicative of unsuitability or
ineligibility for law enforcement licensure ---Includes group
membership in any  hate group or group advocating the overthrow
of the government
Applicant must certify they do not belong to such a group
The LEO Unit may access a Renewal Applicant’s social media
only if they have a reasonable articulable belief the Renewal
Applicant used their social media account for reasons that are
violative of the act or the rules. Otherwise, only search the
outwardly facing or publicly accessible components of the
renewal applicant’s social media accounts.
 
15
 
What are the minimum
requirements for the
medical exam?
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.4
N.J.A.C. 
13: 1-11.2
 
 
Medical Exam 
must be conducted by a:
NJ licensed Physician; NJ Licensed advance practice nurse; or
NJ Licensed nurse assistant;
Look for conditions that may potential exclude from basic
course
 
Medical Exam 
must include:
a comprehensive medical history questionnaire completed
by the Applicant; 
the Applicant’s medical history; a
medical examination of the applicant; 
a complete blood
count, urinalysis, tuberculosis, electrocardiogram;
The Applicant may seek a second opinion if the 
medical exam
indicates the Applicant has medical or physical conditions which may
interfere with their ability to perform the essential functions of a LEO;
However, unlike the initial exam, the Applicant must pay for the
second opinion. The PTC may consider the second opinion, but is not
bound by any findings in a second opinion.
Medical History Statement and Medical Exam Report are valid 1
year from the date the examiner signs them.
 
 
 
 
 
16
 
What are the minimum
requirements for the Drug
Test?
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.5
N.J.A.C. 
13: 1-11.2
 
 
 
Applicant must pass the drug test.
Must be conducted consistent with current
applicable AG Law Enforcement Drug Testing
Policy.
Time drug test with the start of the academy so
that all required documentation can be timely
submitted to PTC.
 
 
17
 
What are the minimum
requirements for the
Psychological Exam?
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.6
N.J.A.C. 
13: 1-11.2
 
 
In order to be eligible for a LEO license 
the Applicant must
pass the psychological exam;
 
Employing LEO Unit shall arrange for psychological exam
that is conducted no more than 12 months prior to academy
orientation day or application for permanent employment;
 
Must be conducted by a NJ licensed psychiatrist or
psychologist who uses a PTC prescribed form relevant to the
duties of the title the applicant is appointed to;
 
Psychiatrist or psychologist conducting exam must be
familiar with the responsibilities of a law enforcement
officer and use a written personality test such as:
NEO-PI-R
Inwald Personality Inventory
Any other exam that is their functional equivalent
 
 
 
18
 
What are the minimum
standards for the
physical ability test?
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.7
N.J.A.C. 
13: 1-11.2
 
Applicants must pass all 5 components of the Pre-
Admission PT Test:
 
A vertical jump of 15 inches or more;  1-2 min recovery
28 sit-ups in one minute or less, verbally counted by
instructor as“ one complete, etc..” ; 5 min recovery
300 meter run in 70.1 seconds or less; 10 min recovery
24 push-ups in one minute or less  verbally counted by
instructor as “ one complete, etc.”; 5 min recovery
A 1.5 mile run in 15 min and 55 seconds or less; 5 min
recovery
 
            Applicants should be provided at least 3 minutes to warm up.  The
Test should be conducted within one continuous 8 hour period on a level
surface, level track, or other PTC approved surface
 
 
19
 
What are the minimum
standards for the
physical ability test?
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.7
N.J.A.C. 
13: 1-11.2
 
 
If an applicant fails the initial fitness requirement, the Chief
LEO shall schedule a retest date at the request of the
Applicant;
When practicable, the retest date should be no less than
 
3
weeks 
after the initial failed test;
During a re-test, the applicant must take the entire test over.
 The applicant must pass the entire re-test.
The applicant cannot count previous passing results toward
any retest.
 
 
20
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
N.J.A.C. 
13: 1-11.5
N.J.A.C. 
13: 1-12.1
 
 
 
PTC is mandated to deny a license or take adverse action
if 
there is a preponderance of the evidence that the Applicant:
 
Has a criminal conviction. 
This means ANYTHING regarded
as a criminal offense in any other jurisdiction, foreign or domestic.
 
Has a domestic violence conviction. 
N.J.S.A. 
2C:25-17.
This means ANYTHING considered a domestic violence offense in
any other jurisdiction, foreign or domestic.
 
Is the subject of or had 
a 
DV restraining order, an
extreme risk protection order, or temporary extreme
risk protection order
 
entered against them
;
 
Has 
a conviction that would preclude them from
carrying a firearm 
as defined in 
N.J.S.A. 
2C:39-1. Includes any
offense of this nature that violates the laws of any other
jurisdiction, foreign or domestic.
 
 
21
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
N.J.A.C. 
13: 1-11.5
N.J.A.C. 
13: 1-12.1
 
 
 
In order to be licensed Initial or Renewal Applicant must
:
 
Not have any 
disorderly persons or petty disorderly persons
convictions 
involving dishonesty, fraud, or lack of good moral
character;
Unless  the PTC determines the offense to be de-minimis or
inconsequential to applicant’s ability to meet  the standards expected
for a LEO;
This also includes similar offenses in any other jurisdiction
 
Not have 2 or more 
motor vehicle 
convictions for DWI
 
pursuant
to N.J.S.A. 39:4-50. This includes similar offenses in any other
jurisdiction;
 
Not have 2 or more 
motor vehicle 
convictions for reckless
driving 
pursuant to N.J.S.A. 39:4-96. This includes similar
offenses in any other jurisdiction;
 
PTC may take adverse action or denial if there is a
preponderance of evidence of any of the above.
 
 
 
22
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
 
23
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
 
 
In order to be licensed the Initial and Renewal Applicant
:
 
Cannot be a member of a street gang or “security threat
group”.
A “security threat group” is any group that possesses
common characteristics, interests, and goals which as a
discrete entity, pose a threat to the safety of the
community or public at large
 
 
 
24
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
 
 
 
In order to be licensed the Initial and Renewal Applicant must
:
 
Not be an active member of a group or organization that
advocates for violence against or hatred or bias toward
individuals based on:
 
 
 
 
 
 
 
 
 
Likewise, cannot 
have engaged in conduct or behavior in their
personal or professional life, that demonstrates, espouses,
advocates, or supports discrimination, violence against,
hatred or bias toward these groups
 
 
 
25
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
 
 
Examples of prohibited Applicant conduct
includes but is not limited to
:
Making statements;
Posting;
Sharing; or
Commenting in support of any posting social media or otherwise
 
The test is whether or not the conduct
:
Would undermine public confidence in the LEO; or
The LEO Unit’s ability to carry out the public safety mission; or
The conduct or behavior would cause substantial disruption to
proper law enforcement functioning.
 
26
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
N.J.A.C. 13:1-12.1
 
 
27
 
PTC may take adverse action or denial if there is a preponderance of
evidence of any of the above.
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
N.J.A.C. 13:1-12.1
 
 
28
 
PTC may take adverse action or denial if there is a preponderance of
evidence of any of the above.
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
N.J.A.C. 13:1-12.1
 
 
29
 
PTC may take adverse action or denial if there is a preponderance of
evidence of any of the above.
 
License Requirements:
Screening Applicants
N.J.S.A.
52: 17B-71b
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.8
N.J.A.C. 
13: 1-11.2
 
 
A License Applicant has the following continuing
obligations:
 
 
It is the Applicant’s burden to demonstrate they satisfy the minimum
requirements for licensure by producing any required documentation;
appear before PTC or Licensing Committee for an interview concerning their
license application at the request of the PTC;
Applicant has an unqualified duty to cooperate with PTC and the Licensing
Committee in connection with an investigation into their application for
licensure;
Update the Chief LEO Executive of any changes that occur after the
applicant submits their license application that would render any of the
submitted information inaccurate;
Provide necessary information or documentation and cooperation as may be
from time to time reasonably requested by PTC.
 
 
 
30
 
Documents LEO Unit
must  Collect, Verify,
and Maintain
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
 
 
The license application requires the applicant to:
 
Sign a waiver allowing PTC and employing LEO Unit
to review applicant’s employment records, any
Internal Affairs records, and any records relating to
completed applications for a LEO position, even if
applicant was not employed;
 
Provide a list of social media accounts dating back 5
years prior to their application for licensure;
 
Sign a release granting PTC and employing LEO unit
access to all outward facing, public components of
social media accounts;
 
31
 
Documents LEO Unit
must  Collect, Verify, and
Maintain
N.J.S.A.
52: 17B-71c
N.J.A.C. 
13: 1-11.2
 
 
 
Once the required documentation is obtained for new
hires or appointees the LEO unit must:
 
notify the PTC of the LEO’s appointment or
employment;
indicate what day the appointment commences;
 and submit the documentation to the PTC for further
review and verification.
 
  Appointing Agency should conduct thorough
background to determine applicant is eligible to be
licensed.
 
32
 
How is the renewal
application
submitted?
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-11.3
N.J.A.C. 
13: 1-11.5
 
 
Any false, untrue, or misleading statements on a renewal application
or any communication related to a renewal application may result in
an adverse licensing action.
PTC will publish schedules outlining the license renewal timeline.
 
 
33
 
Can a license be
renewed
administratively?
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-11.5
N.J.A.C. 
13: 1-14.1
 
Yes. 
Don’t wait to submit a license renewal application!
 
Administrative renewal does not require review from the licensing committee or a
hearing.
 
In order to be eligible for administrative renewal
:
 
The LEO and 
the LEO Unit must submit all required documentation in a timely
manner;
There is no notice of employment related action submitted against the LEO;
The LEO is not involved in an incident that requires the submission of a notice
of employment related action to be submitted;
See employment related actions that must be reported 
N.J.A.C
 13:1-11.6
 
 
 
 
 
34
 
License Renewal
Documentation
to submit to PTC
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-
11.5
 
 
If the LEO cannot make the required 
RENEWAL
certifications, the LEO must disclose why they cannot make
the required certifications to PTC.
 
The Chief LEO Executive must make the same disclosure to PTC
if they cannot make the required certification
 
PTC may consider the reasons contained in the Chief LEO
Executive and/ or the LEO’s disclosure when making a license
renewal decision.
The LEO Applicant and the Chief LEO Executive have a
continuing duty to update PTC if any of the information
contained in the application changes.
 
 
 
35
 
License Renewal
Documentation
to submit to PTC
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-
11.5
 
 
The 
PTC may also request the following documentation
from the employing LEO Unit or LEO for license 
RENEWALS
:
 
A 
summary of a LEO’s internal affairs 
file;
A 
LEO’s entire internal affairs
 
file;
Any 
other information PTC deems relevant 
for a license
renewal;
 
In addition, if the PTC receives information from other sources,
that information can lead to an investigation that may result in
deactivation of their license or refusal to renew.
 
 
 
 
 
 
 
36
 
 
 
SECTION III:
 
Grounds for License Denial, Initiation of an Adverse
Licensing Action, or License Revocation
 
37
 
Grounds for License Denial
or Adverse Action
N.J.S.A.
52: 17B-67.1
N.J.S.A.
52: 17B-71b
N.J.S.A. 52:17B-71c
N.J.S.A.
52: 17B-71d
N.J.S.A.
52: 17B-71e
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-10.3
 
 
 
 A license may be denied or revoked for failing to meet any of
the statutory or regulatory licensing requirements
 
Likewise, an Adverse Licensing Action may be brought for
failing to meet or adhere to any of the statutory or regulatory
licensing requirements
However, the PTC cannot issue a denial of application for licensure
solely on the consideration of 
disciplinary actions 
based on
conduct that occurred prior to the date the licensing law was
enacted (7/21/22)
.
 
 
38
 
Grounds for
License Denial
or Adverse
Action
N.J.S.A
. 52:17B-71e (a)
 
 
The Commission has the authority to bring an adverse
license action if the applicant or LEO has:
 
 
 
39
 
Unprofessional conduct includes any departure from or failure to conform
to the minimum standards of acceptable and prevailing practices of  a LEO
as set forth by PTC
 
Grounds for
License Denial
or Adverse
Action
N.J.S.A.
52:17B-71(e)
 
 
The Commission has the authority to bring an adverse
license action if the applicant or LEO has become
unable to perform the duties of a LEO with reasonable
skill and safety to citizens by reason of
:
 
Illness (does not include authorized medical leave);
Use of alcohol;
Drug use;
Narcotic use;
Chemicals use;
Use of any other type of material; or
 due to any other mental or physical condition,
including a determination of incapacity
 
 
40
 
Grounds for
License Denial or
Adverse Action
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-11.5
N.J.A.C. 
13: 1-12.1
 
 
The PTC 
may deny any license application or take adverse action 
if there is a
preponderance of the evidence that the Applicant failed to meet and maintain
proper licensing standards and regulatory requirements as evidenced by proof
the LEO has:
 
41
 
Grounds for
License Denial or
Adverse Action
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-11.5
N.J.A.C. 
13: 1-12.1
 
 
The PTC 
may deny any license or take adverse action 
if
there is a preponderance of the evidence that the Applicant
failed to discharge legal obligations, as evidenced by proof:
 
42
 
Grounds for
License Denial or
Adverse Action
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-11.5
N.J.A.C. 
13: 1-12.1
 
 
The PTC may deny any license application or take adverse
action if:
 
There is a preponderance of the evidence that 
the
Applicant is placed or participating in a PTI program 
in
New Jersey, or any state or federal jurisdiction;
There is a preponderance of the evidence that 
the
Applicant committed a crime involving moral turpitude
,
regardless whether or not the charges resulted in a
conviction;
 
 
43
 
Grounds for
License Denial or
Adverse Action
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-11.5
N.J.A.C. 
13: 1-12.1
 
 
Restraining orders, FERPOs and TERPOs
:
 
the issuance of an FRO requires a court to find a predicate act
of domestic violence pursuant to 
N.J.S.A. 
2C:25-19.
Civil proceeding where the standard of proof is
“preponderance of the evidence”.
Thus, if an FRO is entered, it means a court has found that
there is a “preponderance of the evidence” that the officer
committed an act of domestic violence.
The entry of a TRO, ITRO, FRO, ERPO, TERPO, or Domestic
Violence Conviction makes the officer a certain person not to
possess a firearm pursuant to N.J.S.A. 2C:39-7, and will result
in license denial or revocation.
 
 
 
44
 
Grounds for
License Denial or
Adverse Action
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.A.C. 
13: 1-11.5
N.J.A.C. 
13: 1-12.1
N.J.A.C. 
13: 1-10.2
N.J.A.C. 
13: 1-11.2
 
 
However, the PTC has some discretion for DWI, Reckless Driving, DP, and
PDP convictions if:
 
the offense is 
de minimus in nature 
(DP and PDP only);
the conviction is inconsequential 
to the Applicant’s or Licensee’s
ability to meet the standards expected of a LEO (DP and PDP only);
the conviction occurred 5 years prior
 to the application for license
renewal;
Applicant documents 
they have taken rehabilitative steps since the
conviction
 to become law abiding, i.e. their actions, continuing
education, maintaining gainful employment, having no further
convictions;
The Applicant produces at least 3 letters of recommendation
evincing they are of good moral character at the time of the
application.
 
45
 
 
SECTION IV:
 
ADVERSE LICENSE ACTION PROCESS
 
46
undefined
 
47
 
Preliminary Review: N.J.A.C. 13:1-15.1
 
undefined
 
48
 
Preliminary Review: N.J.A.C. 13:1-15.1
undefined
 
49
 
Preliminary Review: N.J.A.C. 13:1-15.1
undefined
 
50
 
Immediate suspension process: N.J.A.C. 13:1-16.2
undefined
 
51
 
Immediate suspension process: N.J.A.C. 13:1-16.2
undefined
 
52
 
Immediate suspension process: N.J.A.C. 13:1-16.2
undefined
 
53
 
Immediate suspension process: N.J.A.C. 13:1-16.2
undefined
 
54
 
Adverse Licensing Actions: N.J.S.A. 52:17B-71e
undefined
 
55
 
Adverse Licensing Actions: N.J.S.A. 52:17B-71e
undefined
 
56
 
Adverse Licensing Actions: N.J.S.A. 52:17B-71e
 
 
SECTION V:
 
HEARING AND APPEAL PROCESS
*Note that all records confidential under  
N.J.S.A. 
47:1A-1 et. seq. (OPRA) shall
not be made public*
 
57
undefined
 
58
 
Hearing Process: N.J.A.C. 13:1-16.1
 
What does the
Commission do
if cause is found
to deny, revoke,
or suspend a
license?
N.J.S.A
. 52:17B-71(e)(f)
N.J.S.A
. 52:17B-71(e)(g)
N.J.S.A
. 52:17B-71(e)(h)
 
The Commission shall issue a written
statement for any decision to revoke or
suspend a license;
The Commission shall report all final
license revocations or denials to the
National Decertification Index;
Commission decisions shall be final
agency decisions subject to appeal.
Appeal is to the Superior Court, Appellate
Division.
 
59
 
Appealing Commission
License Decisions
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71d
N.J.S.A.
52: 17B-71f
N.J.A.C. 
13: 1-11.5
N.J.A.C. 
13: 1-16.3
 
 
 There is no right to appeal a license denial or adverse
licensing action that is brought on grounds where license
denial or revocation is mandatory.
 
45 Days to appeal 
an adverse PTC ruling, refusal to renew or
license denial 
to the Superior Court, Appellate Division. If
the
 ruling is not appealed within 45 days of its receipt it is a
final ruling.
 
On appeal 
the standard of review is whether or not the PTC
ruling was
:
Arbitrary;
Capricious;
Unreasonable; or
Unsupported by substantial credible evidence
Appellant can make a written request for a stay pending appeal.
PTC has discretion  to grant or deny. Denial of a stay may also be
appealed to the Appellate Division.
 
 
 
 
 
 
60
 
Reinstatement or
Reactivation:
N.J.A.C. 13:1-14.2,
14.3
 
61
 
Reinstatement:
Commission may restore and reissue a license that was denied
or revoked unless denial or revocation was mandatory. May
impose any remedial or corrective measures as a condition of
restoration
 
Reactivation:
Upon separation from employment, the LEO’s license will be
placed on inactive status until the Commission approves active
status at the new employing unit. Inactive Status IS NOT an
adverse licensing status.  If the LEO terminated for economic
reasons unrelated to an adverse action they have a 5 year
exemption from re-taking the basic course.  The Chief of the
LEO Unit seeking to employ the LEO shall make an application
to PTC requesting the LEO be restored to Active Status. This
request shall be made no later than 2 business days before
employment start date.
 
 
 
 
 
N.J.A.C. 
13:1-
18.1
 
The PTC and Public Transparency
 
The Commission shall make the following information publicly available on
its website, which shall be updated on a quarterly basis:
 
 
62
 
The following information will be made public regarding (1) pending adverse
licensing actions and (2) adverse licensing actions where PTC has made a final
decision:
 
 
 
SECTION VI:
 
TERMINATION OR SUSPENSION
 
63
 
Who notifies the PTC
of separation from
appointment or
employment?
N.J.S.A.
52: 17B-77.16
N.J.S.A.
52: 17B-71c
N.J.A.C. 
13: 1-11.6
 
64
 
What does the Chief
LEO have to notify
PTC of?
N.J.S.A.
52: 17B-77.16
N.J.S.A.
52: 17B-71c
N.J.A.C. 
13: 1-11.6
 
 
 
PTC must be made aware of certain “sustained findings”.
A “ sustained finding” means a determination by an employing
LEO Unit that a LEO violated a law; regulation, directive,
guideline, policy, or procedure issued by the AG or County
Prosecutor; agency protocol; Standard Operating Procedure;
rule; or training protocol.
LEO will have the opportunity to be heard.
 
65
 
When does the
Chief LEO have to
terminate, suspend,
or refuse
employment?
N.J.S.A.
52: 17B-77.16a
N.J.A.C. 
13: 1-11.8
 
 
Each law enforcement unit shall terminate or
suspend 
the employment of 
any law enforcement
officer
 to function in a law enforcement capacity
whose license has been denied, revoked, or
suspended by the Commission
.
No law enforcement unit shall knowingly employ
any unlicensed person as a law enforcement officer.
If the Chief LEO does not comply with this section,
they may be subject to penalties, including an
adverse licensure action
 
 
 
66
 
What are the reporting
and record keeping
requirements for
currently employed
LEOs?
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-71g
N.J.A.C. 
13: 1-11.3
 
 
Each
 
Law Enforcement Unit shall maintain a complete, accurate, and current record
of each law enforcement officer. The LEO unit is obligated to report the following
information to PTC at PTC’s request or within 2 business days of the employment
action if the LEO is terminated or suspended since the last report to PTC:
 
The record must include:
 
License number
Last name, first name, and middle initial
Date of birth
Home address
Job title
Initial date of hire in the position
Academy graduation date
All training received by the LEO which credit has been earned.
The effective date of termination or suspension, if applicable
A record of any and all designations used by the LEO Unit to describe categories
of its LEOs (full time, part time, SLEO, etc..), the number of LEOs in each sub
category, and the total number of employees;
The date on which the information provided in the report was compiled;
Training and continuing education requirements;
Any other relevant information requested by PTC must be reported.
 
 
 
 
67
 
What must the
Chief LEO notify
PTC of?
N.J.S.A.
52: 17B-77.16
N.J.S.A.
52: 17B-71c
N.J.A.C. 
13: 1-11.6
 
 
The 
Chief Law Enforcement Executive 
of an employing Law
Enforcement Unit 
shall notify the PTC 
in writing within 
2 business
days
  of any 
sustained finding 
the LEO:
 
 
68
 
What must the
Chief LEO notify
PTC of?
N.J.S.A.
52: 17B-77.16
N.J.S.A.
52: 17B-71c
N.J.A.C. 
13: 1-11.6
 
 
The 
Chief Law Enforcement Executive 
of an employing Law
Enforcement Unit 
shall notify the PTC 
in writing within 
2 business
days
  of any 
sustained finding 
the LEO:
 
 
69
 
How does the Chief
LEO notify PTC of
employment action or
separation?
N.J.S.A.
52: 17B-71c
N.J.S.A.
52: 17B-77.16
N.J.A.C. 
13: 1-11.6
 
The 
Chief Law Enforcement Executive 
of an employing Law
Enforcement Unit 
shall provide written notice to PTC within two
business days
 of the employment action.  Must also
simultaneously provide the LEO a copy of the separation notice.
LEO must be notified they have 2 days to respond in writing.
Same process if LEO terminated for cause.
If separated, the notice must set forth the facts and reasons for
the separation in detail.
If separated, the notice must specify whether the separation
relates to a violation or failure to meet any of the licensing
standards. 
N.J.S.A. 
52:17-71a et al.,
All notices must be on PTC approved form.
Notices 
can be submitted electronically
.
Forms and information required to be submitted to PTC as part of
this process not a public or governmental record subject to public
access pursuant to OPRA.
 
70
 
What actions does the
Chief LEO have to take
when employing
licensed LEOs?
N.J.S.A.
52: 17B-77.16
N.J.A.C
. 13:1-11.7
 
If seeking to employ a licensed LEO, 
you must contact the PTC
to inquire as to the facts and reasons the LEO separated from
the previous employing unit
.
You may request information about LEO from PTC.
PTC will provide the information if it has said information in its
possession.
When hiring a LEO, 
the Law Enforcement Unit must still
comply with N.J.S.A. 17B-247 (certain files required to be
provided to law enforcement agencies) and request the LEO’s
internal affairs and personnel files from the LEO’s previous
employing LEO units for review
.
 
71
 
What actions does
the Chief LEO have
to take when a LEO
leaves one LEO Unit
for another?
N.J.S.A.
52: 17B-77.16
 
 
When a LEO voluntarily separates employment 
from one LEO
unit 
to work at another LEO Unit
, the 
chief LEO of the former
unit shall notify the PTC no later than 2 business 
prior to the
LEO’s departure.
Until the PTC approves the LEO’s status at the new employing
LEO unit, the LEO’s license will be placed on inactive status.
The 
Chief LEO of the new employing LEO Unit shall make the
application to restore the LEO’s license to active status within 2
business days
 of the LEO’s appointment date
 
72
 
Notifying Subsequent
Employing LEO Units
and the Public
N.J.S.A.
52: 17B-77.16a
N.J.A.C. 
13: 1-11.7
 
 
The 
Chief LEO 
from the employing LEO Unit shall:
 
Provide to any subsequent employing law enforcement unit any
notices that it has provided to the Commission pertaining to the LEO
Officer who is seeking to be employed by a subsequent LEO Unit, as
well as any documentation pertaining to employment-related
actions;
 
Pursuant to N.J.S.A. 52:17B-77.16a(f), 
NO NON-DISCLOSURE
AGREEMENTS may be entered into 
seeking to conceal or prevent
from public view the circumstances  concerning why the officer was
disciplined, separated, was terminated, fired, from employment with
the LEO unit.
 
 
 
73
 
 
 
SECTION VII:
 
FEES
 
74
 
WHAT ARE THE
LICENSING
FEES?
N.J.S.A. 
17B-
71(h)
N.J.A.C. 
13:1-
19.1
 
75
 
The PTC may set fees for initial license application and licenses for
those 
not
 employed as full- time LEOs on 1/01/2024 
However, PTC
cannot charge an initial application fee and initial license issuance fee
for those employed as full-time LEOs on the effective date of this act
.
 
Applicant or Applicant’s 
LEO Unit may 
pay fees
Any other governmental entity 
may pay the fees
Funds made available by the State 
for purposes of paying these fees
may be used.
 
CONTACT
 
 
John Cunningham
  Administrator
 
NJ POLICE TRAINING COMMISSION
 
(E): CunninghamJ@njdcj.org
 
(P): 609-376-2410
 
Deputy Attorney General  Stephen Wenger
     Chief, Office of Police Policy
Office of Public Integrity and Accountability
(E)
:
WengerS@njdcj.org
(P): 609-376-3365
 
 
Deputy Attorney General Alessandra Baldini
     Office of Public Integrity and Accountability
(E): 
baldinia@njdcj.org
(P):609-376-2800
 
 
Deputy Attorney General Ed Simonson
 
Office of Public Integrity and Accountability
(E):
Simonsone@njdcj.org
(P): 609-931-5165
 
 
76
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This overview delves into the new legislation mandating licensure for all sworn law enforcement officers in New Jersey, outlining the rationale, effective dates, and implications for officers. The Police Training Commission (PTC) administers licensing, ensuring professionalism and accountability within the law enforcement sector.


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  1. Law Enforcement Licensing AN OVERVIEW 1

  2. SECTION I: INTRODUCTION 2

  3. The bill was signed into law on July 21, 2022, and with a few exceptions, the law and the regulations take effect on January 1, 2024. The legislature found Licensure necessary for all sworn law enforcement officers in order to maintain professionalism and uphold public trust in law enforcement. This means any person who is employed as a sworn member of any State, county or municipal law enforcement agency, department, division, or instrumentality of those governments who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention or rehabilitation of persons violating the criminal laws of the State needs a license effective January 1, 2024. Why Police Licensure? When does it take effect? Who Does it Effect? N.J.S.A. 52:17B-67.1 N.J.A.C. 13: 1-10.1 N.J.S.A. 52: 17B-1, et. Seq. N.J.S.A. 52:17B-66 N.J.A.C. 13:1-2.1 N.J.A.C. 13:1-21.1 3

  4. A License is valid for 3 years from the date of issue. HOW LONG DOES A LICENSE LAST? All currently certified officers will receive a license on January 1, 2024. The initial licensing period will stagger expiration dates in a manner determined by the PTC. These licenses will be for 1, 2, or 3 years. Initial licensing period shall not exceed 3 years. N.J.S.A. 52: 17B- 1, et. Seq. The PTC will issue guidance for subsequent licensing intervals so that all of the approximately 38,000 law enforcement officers will not have to be renewed at the same time. N.J.A.C. 13:1- 20.1 4

  5. The Police Training Commission Originally created by the Police Training Act to facilitate education and training of LEOs Who Administers Licensing? N.J.S.A. 52:17B- 71 The PTC s goal is to enhance professionalism, transparency, and accountability of law enforcement Composed of representatives of various organizations The AG is the Chairperson Appoints an administrator 4 citizens of N.J. who are appointed by the Governor with the advice and consent of the state Senate. Their terms are for three years. 16 Other members include the PBA, FOP, NJSACOP, The NJSP, and the STFA. N.J.A.C. 13:1-2.5 Powers, Responsibilities, and duties now include, but are not limited to, administering law enforcement licensing and regulating all aspects of law enforcement training. N.J.A.C. 13:1-2.6

  6. Do members of the PTC have to undergo training? N.J.S.A. 52:17B-71 All members of the PTC must annually complete all training mandated by the Attorney General, including but not limited to, ethics and confidentiality training. N.J.A.C. 13:1- 2.4 All newly appointed public members of the PTC must complete a course familiarizing themwith relevant law enforcement training concepts, including but not limited to, use of force and internal affairs policy. 6

  7. What is the Licensing Committee? N.J.S.A. 52:17B- 70 The Licensing Committee administers licensing Has at least seven members including AG and at least one public member; Can review applications for licensing; Request additional information to determine qualifications; Make recommendations for adverse licensing action; and May designate a hearing officer to conduct hearings N.J.S.A. 52:17B- 71 N.J.A.C. 13:1-2.2 N.J.A.C. 13:1-2.6

  8. SECTION II: LICENSE REQUIREMENTS 8

  9. The Appointing Authority makes the LEO appointment; Who Notifies PTC of a New Appointments? The Chief Law Enforcement Executive of an employing Law Enforcement Unit shall notify the PTC in writing of a LEO s appointment to or employment with the LEO Unit. NONA form will be absorbed into ACADIS N.J.S.A. 52: 17B-77.16(a) The LEO Unit is responsible for collecting, verifying, and maintaining all required licensing documentation Completed application records must be maintained for at least 5 years Ultimately, the Chief LEO Executive s responsibility N.J.S.A. 52: 17B-71c N.J.A.C. 13: 1-11.2 Notification shall include the commencement date of such appointment or employment. N.J.A.C. 13: 1-11.3 9

  10. The amount of written notice that the Chief LEO Executive must provide the school director prior to the course beginning that LEO Unit has complied with its responsibilities pursuant to N.J.A.C. 13:1-8.1, et. seq. has increased from 10 days to 21 days. If LEO Unit cannot comply, LEO Unit may make a written request to the Commission for an extension of time. Notification must be sent to School Director for New Hire Trainees N.J.S.A. 52: 17B-77.16a N.J.S.A. 52: 17B-71c The extension request must state the reasons why an extension of time is needed. N.J.A.C. 13:1-8.2 Important to schedule hiring around beginning of academy class 10

  11. License Requirements: Screening Applicants In order to be licensed, the Applicant must satisfy the basic licensing requirements. LEOs appointed on or after 1/1/24 must complete the initial licensing process. LEOs appointed prior to 1/1/24 must complete the license renewal process. N.J.S.A. 52: 17B-67.1 N.J.S.A. 52: 17B-71b N.J.S.A. 52: 17B-71c If the Applicant does not satisfy the basic licensing requirements, they cannot be licensed. BACKGROUND IS IMPORTANT N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-10.2 N.J.A.C. 13: 1-11.2 11

  12. A license application may be denied if the applicant fails to meet any of the license requirements such as: License Requirements: Screening Applicants 1) 18 or older 5) US Citizen ( if required) 9) H.S. or G.E.D. 13) Valid D.L. N.J.S.A. 52: 17B-71b 2) No Dishonorable Discharge 6) Fingerprinted to PTC Standards 10) Pass PTC authorized background check 14) Pass a Medical Exam N.J.S.A. 52: 17B-71c 3) Pass a drug test 7) Pass a psychological exam 11) Pass a physical ability test. No PT test for renewals. 15) Not on inactive status (renewal only) N.J.S.A. 52: 17B-71d 4) Certify they have not engaged in any conduct or been the subject of any action which would provide grounds to refuse to renew the LEO s license (renewal only) 8) Certify they continue to meet the eligibility standards to serve (renewal only) 12) meet and complete all PTC required basic physical education requirements and 16) successfully complete any PTC prescribed probationary period. N.J.A.C. 13: 1-10.2 N.J.A.C. 13: 1-10.3 N.J.A.C. 13: 1-11.2 12

  13. 1) The National Decertification Index. Applicant cannot have had any adverse action or revocation of a law enforcement license; 5) PTC records, including adverse licensing actions; WHAT THE BACKGROUND CHECK MUST INCLUDE: 2) disciplinary records held by any other LEO Unit including the Feds and other states (if permissible); 6) all employment related information from each of the applicant s current and previous employers and any records that may be held by LEO units that rejected an applicants completed application N.J.S.A. 52: 17B-71c 3) Written communication with each of the applicant s references. If the applicant previously worked as a LEO, a written reference from each LEO Unit the applicant worked for that addresses if the former employer is aware of any of the applicant s conduct that would provide the basis for an adverse licensing action, including conduct that was investigated even if the investigation was not completed. 7) Motor vehicle history in NJ and any other state N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-10.3 . N.J.A.C. 13: 1-11.2 4) Educational background, including transcripts and disciplinary records going back to high school 8) Military Service (cannot have received a dishonorable discharge) 13

  14. The BACKGROUND CHECK includes: FINGERPRINTING of the Applicant NJSP, FBI, and other relevant databases NCIC Interstate Identification Index NJDMV History, and if necessary any DMV from surrounding states E-Courts, ATS, and ACS Promis Gavel A check in accordance with the Prison Rape Elimination Act The Domestic Violence Registry Any other database or successor database to the above named sources WHAT THE BACKGROUND CHECK MUST INCLUDE: N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-10.3 N.J.A.C. 13: 1-11.2 Primary purpose is to check for warrants, arrests, restraining orders, or criminal records 14

  15. The BACKGROUND CHECK includes a SOCIAL MEDIA CHECK of the Initial Applicant s SOCIAL MEDIA that searches: Initial Applicant must provide access to all social media accounts; The initial applicant must list every social media account they used within the past 5 years, regardless of whether or not the account has been deleted or is no longer used At a minimum, must search outwardly facing and publicly accessible components of those accounts The search is for content relevant to bias-relevant behaviors; behaviors indicative of misconduct or dishonest, illegal acts or activity; or other behaviors or evidence indicative of unsuitability or ineligibility for law enforcement licensure ---Includes group membership in any hate group or group advocating the overthrow of the government Applicant must certify they do not belong to such a group WHAT THE BACKGROUND CHECK MUST INCLUDE: N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-10.3(a)(6) N.J.A.C. 13: 1-11.2 The LEO Unit may access a Renewal Applicant s social media only if they have a reasonable articulable belief the Renewal Applicant used their social media account for reasons that are violative of the act or the rules. Otherwise, only search the outwardly facing or publicly accessible components of the renewal applicant s social media accounts. 15

  16. Medical Exam must be conducted by a: NJ licensed Physician; NJ Licensed advance practice nurse; or NJ Licensed nurse assistant; Look for conditions that may potential exclude from basic course What are the minimum requirements for the medical exam? Medical Exam must include: a comprehensive medical history questionnaire completed by the Applicant; the Applicant s medical history; a medical examination of the applicant; a complete blood count, urinalysis, tuberculosis, electrocardiogram; N.J.S.A. 52: 17B-71c The Applicant may seek a second opinion if the medical exam indicates the Applicant has medical or physical conditions which may interfere with their ability to perform the essential functions of a LEO; However, unlike the initial exam, the Applicant must pay for the second opinion. The PTC may consider the second opinion, but is not bound by any findings in a second opinion. Medical History Statement and Medical Exam Report are valid 1 year from the date the examiner signs them. N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-10.4 N.J.A.C. 13: 1-11.2 16

  17. What are the minimum requirements for the Drug Test? Applicant must pass the drug test. Must be conducted consistent with current applicable AG Law Enforcement Drug Testing Policy. Time drug test with the start of the academy so that all required documentation can be timely submitted to PTC. N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-10.5 N.J.A.C. 13: 1-11.2 17

  18. In order to be eligible for a LEO license the Applicant must pass the psychological exam; Employing LEO Unit shall arrange for psychological exam that is conducted no more than 12 months prior to academy orientation day or application for permanent employment; What are the minimum requirements for the Psychological Exam? Must be conducted by a NJ licensed psychiatrist or psychologist who uses a PTC prescribed form relevant to the duties of the title the applicant is appointed to; N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d Psychiatrist or psychologist conducting exam must be familiar with the responsibilities of a law enforcement officer and use a written personality test such as: NEO-PI-R Inwald Personality Inventory Any other exam that is their functional equivalent N.J.A.C. 13: 1-10.6 N.J.A.C. 13: 1-11.2 18

  19. Applicants must pass all 5 components of the Pre- Admission PT Test: What are the minimum standards for the physical ability test? A vertical jump of 15 inches or more; 1-2 min recovery 28 sit-ups in one minute or less, verbally counted by instructor as one complete, etc.. ; 5 min recovery 300 meter run in 70.1 seconds or less; 10 min recovery 24 push-ups in one minute or less verbally counted by instructor as one complete, etc. ; 5 min recovery A 1.5 mile run in 15 min and 55 seconds or less; 5 min recovery N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-10.7 N.J.A.C. 13: 1-11.2 Applicants should be provided at least 3 minutes to warm up. The Test should be conducted within one continuous 8 hour period on a level surface, level track, or other PTC approved surface 19

  20. If an applicant fails the initial fitness requirement, the Chief LEO shall schedule a retest date at the request of the Applicant; When practicable, the retest date should be no less than 3 weeks after the initial failed test; During a re-test, the applicant must take the entire test over. The applicant must pass the entire re-test. The applicant cannot count previous passing results toward any retest. What are the minimum standards for the physical ability test? N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-10.7 N.J.A.C. 13: 1-11.2 20

  21. License Requirements: Screening Applicants PTC is mandated to deny a license or take adverse action if there is a preponderance of the evidence that the Applicant: N.J.S.A. 52: 17B-71b Has a criminal conviction. This means ANYTHING regarded as a criminal offense in any other jurisdiction, foreign or domestic. N.J.S.A. 52: 17B-71c Has a domestic violence conviction. N.J.S.A. 2C:25-17. This means ANYTHING considered a domestic violence offense in any other jurisdiction, foreign or domestic. N.J.S.A. 52: 17B-71d Is the subject of or had a DV restraining order, an extreme risk protection order, or temporary extreme risk protection orderentered against them; N.J.A.C. 13: 1-10.2 Has a conviction that would preclude them from carrying a firearm as defined in N.J.S.A. 2C:39-1. Includes any offense of this nature that violates the laws of any other jurisdiction, foreign or domestic. N.J.A.C. 13: 1-11.2 N.J.A.C. 13: 1-11.5 N.J.A.C. 13: 1-12.1 21

  22. License Requirements: Screening Applicants In order to be licensed Initial or Renewal Applicant must: Not have any disorderly persons or petty disorderly persons convictions involving dishonesty, fraud, or lack of good moral character; Unless the PTC determines the offense to be de-minimis or inconsequential to applicant s ability to meet the standards expected for a LEO; This also includes similar offenses in any other jurisdiction N.J.S.A. 52: 17B-71b N.J.S.A. 52: 17B-71c Not have 2 or more motor vehicle convictions for DWI pursuant to N.J.S.A. 39:4-50. This includes similar offenses in any other jurisdiction; N.J.S.A. 52: 17B-71d Not have 2 or more motor vehicle convictions for reckless driving pursuant to N.J.S.A. 39:4-96. This includes similar offenses in any other jurisdiction; N.J.A.C. 13: 1-10.2 N.J.A.C. 13: 1-11.2 N.J.A.C. 13: 1-11.5 N.J.A.C. 13: 1-12.1 PTC may take adverse action or denial if there is a preponderance of evidence of any of the above. 22

  23. License Requirements: Screening Applicants All License Applicants cannot: N.J.S.A. 52: 17B-71b Be an active member of a group or organization that advocates, espouses, or promotes the overthrow of: N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d A local government A state government The federal government N.J.A.C. 13: 1-10.2 N.J.A.C. 13: 1-11.2 23

  24. License Requirements: Screening Applicants In order to be licensed the Initial and Renewal Applicant: N.J.S.A. 52: 17B-71b Cannot be a member of a street gang or security threat group . A security threat group is any group that possesses common characteristics, interests, and goals which as a discrete entity, pose a threat to the safety of the community or public at large N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-10.2 N.J.A.C. 13: 1-11.2 24

  25. In order to be licensed the Initial and Renewal Applicant must: License Requirements: Screening Applicants Not be an active member of a group or organization that advocates for violence against or hatred or bias toward individuals based on: N.J.S.A. 52: 17B-71b Race Ancestry Sexual Orientation Creed Age Gender Identity or Expression N.J.S.A. 52: 17B-71c Color Sex Any other protected characteristic under the law against discrimination N.J.S.A. 52: 17B-71d National Origin Marital Status N.J.A.C. 13: 1-10.2 Likewise, cannot have engaged in conduct or behavior in their personal or professional life, that demonstrates, espouses, advocates, or supports discrimination, violence against, hatred or bias toward these groups N.J.A.C. 13: 1-11.2 25

  26. License Requirements: Screening Applicants Examples of prohibited Applicant conduct includes but is not limited to: Making statements; Posting; Sharing; or Commenting in support of any posting social media or otherwise N.J.S.A. 52: 17B-71b N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d The test is whether or not the conduct: Would undermine public confidence in the LEO; or The LEO Unit s ability to carry out the public safety mission; or The conduct or behavior would cause substantial disruption to proper law enforcement functioning. N.J.A.C. 13: 1-10.2 N.J.A.C. 13: 1-11.2 26

  27. 1) Have not submitted any false, untrue or misleading statements on their license application or any communication made in connection with their license application 6) Have no sustained finding that they knowingly engaged in any fraudulent or deceptive conduct License Requirements: Screening Applicants 2) Have no sustained finding that they filed a false report 7) Have no sustained finding that they submitted a false certification N.J.S.A. 52: 17B-71b 3) Have no sustained finding they testified falsely in any criminal, administrative, employment, financial, or insurance matter in their personal or professional life 8) Have no sustained finding that they intentionally mishandled, destroyed, or fabricated evidence N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d 4) Have no sustained finding they engaged in conduct that compromised the validity of testing 9) Have no sustained finding they intentionally made any false statement in obtaining a LEO license N.J.A.C. 13: 1-10.2 5) Have no sustained finding they failed to cooperate with an investigation or respond truthfully to questions related to an investigation or legal proceeding 10) Have no sustained finding they refused to submit to a drug or alcohol test required during or after a motor vehicle stop N.J.A.C. 13: 1-11.2 N.J.A.C. 13:1-12.1 PTC may take adverse action or denial if there is a preponderance of evidence of any of the above. 27

  28. 1) Have not engaged in any act or conduct that would undermine public confidence in law enforcement 4) Have not engaged in any unprofessional, unethical, or deleterious conduct, or practice harmful to the public, regardless of whether such conduct or practice resulted in actual injury to any person License Requirements: Screening Applicants N.J.S.A. 52: 17B-71b 2) Have not used excessive force in violation of the AG s use of force policy or their employing LEO unit s use of force policy 5) Have not failed to take affirmative steps to intervene whenever a LEO uses, or is about to use, excessive force in violation of the AG s use of force policy or their LEO Unit s use of force policy N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d 3) Have not failed to report an incident of excessive force by a fellow LEO 6) Have not engaged in harassment or intimidation N.J.A.C. 13: 1-10.2 N.J.A.C. 13: 1-11.2 PTC may take adverse action or denial if there is a preponderance of evidence of any of the above. N.J.A.C. 13:1-12.1 28

  29. License Requirements: Screening Applicants 1) Never had ANY inappropriate relationship sexual or otherwise, with including, but not limited to, a person the LEO knows or should have known is a victim, witness, defendant, or informant in an ongoing investigation or adjudication or otherwise in Law Enforcement custody 2) Not have engaged in sexual harassment or unwelcome nonconsensual sexual contact N.J.S.A. 52: 17B-71b N.J.S.A. 52: 17B-71c 3) Not have engaged in conduct involving unlawful sexual contact, physical violence, or driving under the influence of drugs or alcohol 4) Not have misused or accessed, without authorization, or in excess of authorization, any data database, computer storage medium, computer software, computer equipment, or computer system N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-10.2 N.J.A.C. 13: 1-11.2 N.J.A.C. 13:1-12.1 PTC may take adverse action or denial if there is a preponderance of evidence of any of the above. 29

  30. A License Applicant has the following continuing obligations: License Requirements: Screening Applicants It is the Applicant s burden to demonstrate they satisfy the minimum requirements for licensure by producing any required documentation; N.J.S.A. 52: 17B-71b appear before PTC or Licensing Committee for an interview concerning their license application at the request of the PTC; N.J.S.A. 52: 17B-71c Applicant has an unqualified duty to cooperate with PTC and the Licensing Committee in connection with an investigation into their application for licensure; N.J.S.A. 52: 17B-71d Update the Chief LEO Executive of any changes that occur after the applicant submits their license application that would render any of the submitted information inaccurate; N.J.A.C. 13: 1-10.8 Provide necessary information or documentation and cooperation as may be from time to time reasonably requested by PTC. N.J.A.C. 13: 1-11.2 30

  31. The license application requires the applicant to: Documents LEO Unit must Collect, Verify, and Maintain Sign a waiver allowing PTC and employing LEO Unit to review applicant s employment records, any Internal Affairs records, and any records relating to completed applications for a LEO position, even if applicant was not employed; N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d Provide a list of social media accounts dating back 5 years prior to their application for licensure; N.J.A.C. 13: 1-10.2 Sign a release granting PTC and employing LEO unit access to all outward facing, public components of social media accounts; N.J.A.C. 13: 1-11.2 31

  32. Once the required documentation is obtained for new hires or appointees the LEO unit must: Documents LEO Unit must Collect, Verify, and Maintain notify the PTC of the LEO s appointment or employment; indicate what day the appointment commences; and submit the documentation to the PTC for further review and verification. N.J.S.A. 52: 17B-71c N.J.A.C. 13: 1-11.2 Appointing Agency should conduct thorough background to determine applicant is eligible to be licensed. 32

  33. How is the renewal application submitted? Chief LEO Executive or designee responsible for submitting requisite documentation completed renewal application, and certification LEO satisfies licensing requirements to PTC. LEO submits completed renewal application and certification to PTC via their LEO Unit. Application is due to PTC 6 months before license expires. Submissions can be made electronically PTC Reviews. N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-11.3 N.J.A.C. 13: 1-11.5 Any false, untrue, or misleading statements on a renewal application or any communication related to a renewal application may result in an adverse licensing action. PTC will publish schedules outlining the license renewal timeline. 33

  34. Can a license be renewed administratively? Yes. Don t wait to submit a license renewal application! Administrative renewal does not require review from the licensing committee or a hearing. N.J.S.A. 52: 17B-71c In order to be eligible for administrative renewal: The LEO and the LEO Unit must submit all required documentation in a timely manner; There is no notice of employment related action submitted against the LEO; The LEO is not involved in an incident that requires the submission of a notice of employment related action to be submitted; See employment related actions that must be reported N.J.A.C 13:1-11.6 N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-11.5 N.J.A.C. 13: 1-14.1 34

  35. License Renewal Documentation to submit to PTC If the LEO cannot make the required RENEWAL certifications, the LEO must disclose why they cannot make the required certifications to PTC. The Chief LEO Executive must make the same disclosure to PTC if they cannot make the required certification N.J.S.A. 52: 17B-71c PTC may consider the reasons contained in the Chief LEO Executive and/ or the LEO s disclosure when making a license renewal decision. The LEO Applicant and the Chief LEO Executive have a continuing duty to update PTC if any of the information contained in the application changes. N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1- 11.5 35

  36. License Renewal Documentation to submit to PTC The PTC may also request the following documentation from the employing LEO Unit or LEO for license RENEWALS: A summary of a LEO s internal affairs file; A LEO s entire internal affairs file; Any other information PTC deems relevant for a license renewal; N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d In addition, if the PTC receives information from other sources, that information can lead to an investigation that may result in deactivation of their license or refusal to renew. N.J.A.C. 13: 1- 11.5 36

  37. SECTION III: Grounds for License Denial, Initiation of an Adverse Licensing Action, or License Revocation 37

  38. Grounds for License Denial or Adverse Action N.J.S.A. 52: 17B-67.1 A license may be denied or revoked for failing to meet any of the statutory or regulatory licensing requirements N.J.S.A. 52: 17B-71b Likewise, an Adverse Licensing Action may be brought for failing to meet or adhere to any of the statutory or regulatory licensing requirements However, the PTC cannot issue a denial of application for licensure solely on the consideration of disciplinary actions based on conduct that occurred prior to the date the licensing law was enacted (7/21/22). N.J.S.A. 52:17B-71c N.J.S.A. 52: 17B-71d N.J.S.A. 52: 17B-71e N.J.A.C. 13: 1-10.2 N.J.A.C. 13: 1-10.3 38

  39. The Commission has the authority to bring an adverse license action if the applicant or LEO has: Grounds for License Denial or Adverse Action 1) Had their license revoked, suspended or annulled by any law enforcement certifying or licensing authority 3) Had other disciplinary action taken against them by any lawful certifying or licensing authority 2) Was denied a license by any lawful certifying or licensing authority 4) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public regardless if it resulted in any actual harm to any person N.J.S.A. 52:17B-71e (a) Unprofessional conduct includes any departure from or failure to conform to the minimum standards of acceptable and prevailing practices of a LEO as set forth by PTC 39

  40. The Commission has the authority to bring an adverse license action if the applicant or LEO has become unable to perform the duties of a LEO with reasonable skill and safety to citizens by reason of: Grounds for License Denial or Adverse Action N.J.S.A. 52:17B-71(e) Illness (does not include authorized medical leave); Use of alcohol; Drug use; Narcotic use; Chemicals use; Use of any other type of material; or due to any other mental or physical condition, including a determination of incapacity 40

  41. The PTC may deny any license application or take adverse action if there is a preponderance of the evidence that the Applicant failed to meet and maintain proper licensing standards and regulatory requirements as evidenced by proof the LEO has: Grounds for License Denial or Adverse Action 1) failed to successfully complete their continuing education requirements, including but not limited, to completing all required firearms qualifications 3) had a law enforcement license or certification revoked, suspended, or annulled by any lawful certifying or licensing authority, had other adverse licensure action taken against the LEO by any lawful certifying or licensing authority, or was denied a license or certification by any lawful certifying or licensing authority; N.J.S.A. 52: 17B-71c 2) failed to notify PTC or the employing LEO Unit within 2 days of being charged with a crime or any other legal action resulting in a mandatory denial or adverse licensure action; 4) failed to notify the PTC or the employing LEO unit within 2 days of having had a law enforcement license or certification revoked, suspended, or annulled by any lawful certifying or licensing authority, having been the subject of other adverse licensure action taken against the LEO by any lawful certifying or licensing authority, or denied a license or certification by any lawful certifying or licensing authority N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-11.5 N.J.A.C. 13: 1-12.1 41

  42. Grounds for License Denial or Adverse Action The PTC may deny any license or take adverse action if there is a preponderance of the evidence that the Applicant failed to discharge legal obligations, as evidenced by proof: N.J.S.A. 52: 17B-71c 1) Applicant knowingly failed to make court order child support payments 4) Applicant knowingly failed to properly file federal and NJ state tax returns, as well as any other applicable tax returns N.J.S.A. 52: 17B-71d 2) Applicant knowingly failed to make court-ordered payments of family support maintenance 5) Applicant knowingly failed to pay any tax, deposit or penalty 3) Applicant knowingly failed to make court ordered payments for birth expenses 6) Applicant knowingly failed to make any other court ordered support payments for any child or former spouse N.J.A.C. 13: 1-11.5 N.J.A.C. 13: 1-12.1 42

  43. Grounds for License Denial or Adverse Action The PTC may deny any license application or take adverse action if: N.J.S.A. 52: 17B-71c There is a preponderance of the evidence that the Applicant is placed or participating in a PTI program in New Jersey, or any state or federal jurisdiction; There is a preponderance of the evidence that the Applicant committed a crime involving moral turpitude, regardless whether or not the charges resulted in a conviction; N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-11.5 N.J.A.C. 13: 1-12.1 43

  44. Grounds for License Denial or Adverse Action Restraining orders, FERPOs and TERPOs: the issuance of an FRO requires a court to find a predicate act of domestic violence pursuant to N.J.S.A. 2C:25-19. Civil proceeding where the standard of proof is preponderance of the evidence . Thus, if an FRO is entered, it means a court has found that there is a preponderance of the evidence that the officer committed an act of domestic violence. The entry of a TRO, ITRO, FRO, ERPO, TERPO, or Domestic Violence Conviction makes the officer a certain person not to possess a firearm pursuant to N.J.S.A. 2C:39-7, and will result in license denial or revocation. N.J.S.A. 52: 17B-71c N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-11.5 N.J.A.C. 13: 1-12.1 44

  45. Grounds for License Denial or Adverse Action However, the PTC has some discretion for DWI, Reckless Driving, DP, and PDP convictions if: N.J.S.A. 52: 17B-71c the offense is de minimus in nature (DP and PDP only); the conviction is inconsequential to the Applicant s or Licensee s ability to meet the standards expected of a LEO (DP and PDP only); the conviction occurred 5 years prior to the application for license renewal; Applicant documents they have taken rehabilitative steps since the conviction to become law abiding, i.e. their actions, continuing education, maintaining gainful employment, having no further convictions; The Applicant produces at least 3 letters of recommendation evincing they are of good moral character at the time of the application. N.J.S.A. 52: 17B-71d N.J.A.C. 13: 1-11.5 N.J.A.C. 13: 1-12.1 N.J.A.C. 13: 1-10.2 N.J.A.C. 13: 1-11.2 45

  46. SECTION IV: ADVERSE LICENSE ACTION PROCESS 46

  47. Preliminary Review: N.J.A.C. 13:1-15.1 Commission learns of LEO conduct that could serve as basis for adverse licensure action and shall initiate a preliminary review Notice sent to employing LEO Unit. LEO noticed by investigation unit. PTC investigator may request evidence, findings, or documentation from LEO unit. If further action needed, PTC can proceed if investigation reveals grounds for an adverse licensing action, the LEO terminated for cause, or the LEO retired or resigned in lieu of termination If no further action needed, PTC can close matter out. PTC s involvement ends here. Wait and See If active internal affairs investigation, PTC can await the outcome before taking further action. 47

  48. Preliminary Review: N.J.A.C. 13:1-15.1 If further investigation needed PTC or employing LEO Unit may be assigned to conduct it. However, the employing LEO Unit SHALL NOT conduct the investigation when: The Commission determines the employing LEO Unit should not conduct because of familial conflict of interest, allegations against a substantial number of LEOs employed by the unit, or allegations or complaints about the LEO unit s policies Employing LEO Unit requests another agency or the Commission to conduct investigation and the other party agrees The Commission determines the employing LEO Unit should not conduct the investigation because it involved the Chief LEO 48

  49. Preliminary Review: N.J.A.C. 13:1-15.1 Each allegation and the allegation s elements Within 30 days of completing investigation, an investigative report shall be delivered to the PTC stating: A description of any relevant testimonial, documentary and physical evidence A list and description of each person interviewed Additional investigative steps may be taken if PTC finds the report to be incomplete or deficient 49

  50. Immediate suspension process: N.J.A.C. 13:1-16.2 A license shall be immediately suspended if PTC s investigation reveals: LEO has engaged in certain conduct that is grounds for a license denial, refusal to renew, or grounds for an adverse licensing action There are pending charges or indictments against the LEO which may result in legal action necessitating mandatory denial or revocation The underlying conduct poses an immediate risk or danger to public safety, health, order, or effective provision of law enforcement services 50

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