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Appellate Division Holds That Applicants For A Professional License Need Not Exhibit An Intent To Deceive In Order To Have Their License Application Denied Due To Misrepresentation

October 7, 2014 | No Comments
Posted by Beth Christian

The Appellate Division recently issued a decision in which it found that an applicant’s failure to disclose information on their application for a license could be denied based on a finding that their application contained a misrepresentation, even if the failure to disclose was unintentional.  In Matter Of Y.L., an applicant for a license as a massage and bodywork therapist had been arrested on prostitution charges some years prior to her application for New Jersey licensure.  The charges were later dismissed.  When the applicant applied for New Jersey licensure, she swore that she had never been arrested for any crime or offense.  When the licensing board discovered this, the applicant indicated that she had misread the application, that English was not her first language, and that she had not engaged in prostitution.   She argued that in order to have her license denied based on misrepresentation, the board was required to show that she had an “intention to deceive.”  The Appellate Division rejected her argument, finding that the failure to disclose the information constituted at least negligent misrepresentation, and could be used as a basis to deny her application.  The Appellate Division referenced an earlier decision in which a pharmacy applicant’s request to participate in the Medicaid program was denied because the applicant failed to disclose that one of its employees had entered a guilty plea to a drug possession charge.  We reported on that development here: The K.L. decision serves as an important reminder of the need for full and honest disclosure on professional licensure applications.


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