N.J. Admin. Code § 10:44C-1.14

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:44C-1.14 - Illegal operations

(a) In cooperation with the Department of Community Affairs and the Department of Health, the Office of Licensing shall investigate any community-based residence alleged to be operating without a license as required by N.J.S.A. 30:11B-1 et seq., 55:13B-1 et seq., the Health Care Facilities Planning Act, 26:2H-1 et seq., or any other law pertaining to the licensing of community-based residential programs, as subsequently adopted into State law.

(b) The specific responsibilities of all parties to investigate complaints of an illegal operation shall be agreed upon among the authorities empowered to license community-based residences, based on the information pertaining to each case.

(c) Subsequent to inspection, joint or independent actions shall be taken as deemed necessary to suppress illegal operations.

1. Actions shall be taken to prevent an applicant from obtaining a license from any State licensing agency when the sole purpose for obtaining that license is to avoid sanctions previously initiated by a State licensing agency exercising legal jurisdiction.

2. One or more of the following actions shall be taken when it is determined that imminent danger is present:

i. Persons served shall be removed from the residence.

ii. Staff approved by the Department shall be placed at the residence to ensure the safety of the persons served; and/or

iii. The cause of the imminent danger shall be removed.

N.J. Admin. Code § 10:44C-1.14

Amended by 49 N.J.R. 259(a), effective 2/6/2017