New Jersey Licensing Boards Increase Activity on Long-Dormant Matters

Beginning in March 2020 with the shutdown orders effectuated by Governor Phil Murphy, the various licensing boards organized under the State of New Jersey, Division of Consumer Affairs, experienced a significant decrease in activity. The state was simply not prepared to handle long-term remote work, which resulted in the slowing down, and even halting, of new investigations and open matters.

After three years, it appears that these boards have returned to normal operations. However, as a result of the COVID-19 shutdowns and other factors, dormant cases have begun to resurface, some of which began before the pandemic.

Licensees should note that while these licensing boards are required to investigate every consumer complaint and have significant powers to do so, they cannot indefinitely investigate a licensee. The Uniform Enforcement Act requires that the board investigating a consumer complaint must render a disposition within 120 days. However, this period may be tolled only upon the requested approval of the Attorney General, and such a request and approval must be documented. Whether this process is being followed remains unclear as the internal workings of the Attorney General’s office and its subunits are opaque.

Further complicating this issue is the significant turnover in personnel following COVID-19, as well as Governor Murphy’s re-election. Many of the board members are new, and many of the executive offices are staffed with young officials, including the Attorney General himself. The policy missions from these offices remain ill-defined, and newer board members do not typically operate separately from the policy goals of Consumer Affairs and the Office of the Attorney General.

The Board is still catching up on much of the backlog that remains from the pandemic and its knock-on effects. However, even many new cases are suffering from delays, only to resurface months later to the surprise of the licensee and with significantly harsher penalties imposed that are appropriate given the allegations. It is essential that licensees remain vigilant in monitoring their own personal situation and contacting counsel immediately if they are personally contacted by the Attorney General’s Office or Consumer Affair’s investigators.

Even though a case may have been pending for years, when the Board reengages with a licensee and requests either additional information or schedules a hearing, the licensee is still under a professional duty to cooperate with the Board. Failure to comply with the Board alone is basis for discipline. While many practitioners willingly go to Board hearings unrepresented hoping to speak “professional to professional” with the licensing Board, many times they fall victim to pitfalls that a healthcare attorney could have helped them avoid.

In light of some of the harsh penalties that are being handed down by the Board on cases that have been dormant for years, licensees are urged to retain healthcare counsel to communicate and negotiate on their behalf. This includes, but is not limited to, communications with investigators from the Board or Deputy Attorney Generals.

How Frier Levitt Can Help

Frier Levitt has a wealth of experience defending physicians and other licensees in professional license investigations and Board complaints. We have successfully defended licensees during all phases of professional investigations, from inception to dismissal. Contact Frier Levitt if you have been contacted by a professional licensing board concerning a new or pending investigation.