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5 N.J.A.R. 112

State Police, Division of; Hackett, Mims Jr., v.
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Citation: 5 N.J.A.R. 112
Decision Date: 1982
Agency: DIVISION OF STATE POLICE
Synopsis: Petitioner appealed from a decision of the State Police denying him a private detective license under N.J.S.A 45:19-8, et seq., on the ground that he was previously convicted of assault, battery and kid- napping, a disqualifying circumstance under N.J.A. C 13:55-1.11 (a)(1). The administrative law judge assigned to the case determined that the question to be determined was whether the issuance of a writ of habeas corpus pursuant to 28 U.S.C 2254 tests the legality of peti- tioner's detention or imprisonment, or his guilt or innocence. The judge concluded that the issuance of the writ did not erase the collateral regulatory consequence of civil disability to be licensed as a private detective and that his unreversed and unpardoned State Court kidnapping conviction remains in existence despite the writ. Accordingly, concluding that the denial of the license was not arbi- trary, the denial was affirmed. Laura Berto!!o, Esq., for petitioner (Craig & Edelstein, attorneys) Gregory C. Shultz, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney)
Rule(s) Cited: 13:55-1.11(a)(1) 
Statute(s) Cited: 45:19-8 et seq.