On appeal from the New Jersey Division of Consumer Affairs, Docket No. 09-033.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued by Telephone February 4, 2011
Before Judges Parrillo and Skillman.
Appellant John Wayne Miller t/a Remodeling Technologies, LLC, appeals from a final decision of the Division of Consumer Affairs which denied an application for renewal of his registration as a home improvement contractor. This denial was based on appellant's conviction for attempted endangerment of the welfare of a child, in violation of N.J.S.A. 2C:24-4.
Appellant's conviction was based on his efforts to engage in a sexual liaison with a girl whom he believed to be twelve years old. In August 2005, and again from March 2006 through April 2006, appellant engaged in sexually explicit conversations over the internet with a Passaic County Internet Crimes Unit detective who posed as a twelve year old girl. During one of these conversations, appellant instructed the detective, whom he believed to be a minor child, to masturbate while they chatted. Appellant also invited the purported child to view a live webcam of him masturbating. Appellant subsequently arranged to meet the girl near the basketball court of a park, whereupon he was arrested.
Appellant was sentenced to a three-year term of imprisonment for this offense. He is now subject to parole supervision for life under Megan's Law, N.J.S.A. 2C:43-4(a), one of the conditions of which is that he "[r]efrain from initiating, establishing or maintaining contact with any minor." N.J.A.C. 10A:71-6.12(e)(1).
The registration of home improvement contractors is governed by the Contractors Registration Act. N.J.S.A. 56:8-136 to -152. Under this Act, every home improvement contractor is required to register with the Director of the Division of Consumer Affairs. N.J.S.A. 56:8-138(a).
The Director "may refuse to issue or may suspend or revoke any registration [under the Act] upon proof that the applicant or holder of the registration . . . [h]as been convicted of any crime involving moral turpitude or any crime relating adversely to the activity regulated by the act." N.J.S.A. 56:8-141(b)(6). However, the Act further provides:
Notwithstanding the provisions of [N.J.S.A. 56:8-141(b)(6)], no individual shall be disqualified from registration or shall have registration revoked on the basis of any conviction disclosed if the individual has affirmatively demonstrated to the director clear and convincing evidence of the individual's rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) The nature and responsibility of the position which the convicted individual would hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the ...