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12 N.J.A.R. 365

Rudolph, Ernest; Dept. of Community Affairs v. and Dept. of Community Affairs v. Garden State Electrical Inspection Services, Inc
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Citation: 12 N.J.A.R. 365
Decision Date: 1989
Agency: DEPARTMENT OF COMMUNITY AFFAIRS
Synopsis: The Department of Community Affairs proposed penalties against respondents for violation of N.J.A.C. 5:23-4.14(a)6, the regulation which prohibits anyone employed by an on-site inspection agency from engaging in other work which conflicts with the employee's official duties. Respondents requested a hearing and the matter was transmitted to the Office of Administrative Law. The administrative law judge assigned to the case found that respondent Rudolph violated the regulation by working as a selfemployed electrician while he was employed as an inspector for respondent Garden State. The fact that Mr. Rudolph did not work in the county where Garden State performed inspections was not pertinent. The judge also concluded that Garden State was subject to penalty for incorrectly stating on its application for reauthorization to be an electrical inspection agency that no employee was working privately. Because Garden State had not asked Mr. Rudolph whether he was engaged in other work, respondent was responsible for the false and misleading statement on the application. The judge imposed the penalties proposed by petitioner. Mr. Rudolph's inspector's license was revoked and Garden State was fined $500. Upon review, this initial decision was adopted by the Commissioner of Community Affairs. Ellaset Chapparo, Deputy Attorney General, for petitioner (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney) Joel A. Pisano, Esq., for respondents (Schwartz, Pisano, Simon, Edelstein & Ben-Asher, attorneys)
Rule(s) Cited: 5:23-4.14(a)6 
Citation Tracker adopted-Dept. of Comm. Affairs; affirmed -App. Div., A1623-89-T1, 10/19/90 (unreported) [Updated through 1991]