N.J. Admin. Code § 10:44C-1.8

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:44C-1.8 - Negative licensing action

(a) The Office of Licensing may suspend admissions to a residence, reduce the capacity of a residence, deny a license, issue a provisional license, suspend a license, refuse to renew a license, or revoke a license for substantial or willful noncompliance.

(b) If the Office of Licensing denies, revokes, or refuses to renew a license, the licensee shall be prohibited from re-applying for a license for one year from the date of license revocation or nonrenewal. After the one-year period has elapsed, the licensee may submit to the Office of Licensing a new application for a license.

1. When a negative licensing action is based upon falsification, willful noncompliance, criminal activity by the applicant, licensee or executive leadership, or when persons have suffered physical injury or emotional harm or distress due to the applicant's, licensee's, or executive leadership's actions or failure to act, the Department may refuse to reinstate any license and/or accept any subsequent application.

(c) When a license is suspended, the Office of Licensing shall reinstate the license when the licensee achieves compliance with the provisions of this chapter. The Office of Licensing shall not require the licensee to submit a new application for a license unless such application is expressly made a condition of the reinstatement of the license.

(d) Each license issued to a licensee shall remain the property of the Department of Human Services. If the Office of Licensing suspends or revokes a license, the licensee shall, upon notification, return the license to the Office of Licensing.

(e) The Department of Human Services may revoke or suspend a license whenever a licensee or the licensee's executive leadership is found to be violating any State or Federal Law pertaining to the operation of a community residence for persons with head injuries or whenever such residence shall fail to comply with specific standards established by the Department.

N.J. Admin. Code § 10:44C-1.8

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

Amended by 55 N.J.R. 58(a), effective 1/3/2023