N.J. Admin. Code § 3A:55-2.4

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

Section 3A:55-2.4 - Administrative hearings

(a) If a facility fails to comply with all applicable provisions of this chapter, the Office of Licensing shall issue a directive ordering compliance. Prior to the Office of Licensing's decision to deny, suspend, refuse to renew, or revoke a facility's certificate of approval, the facility shall have the opportunity to request an administrative hearing, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) As long as the Department determines that children are not at risk and that no imminent dangers exist, the Office of Licensing may permit a facility that has requested an administrative hearing, as specified in (a) above, to continue to operate until a final decision is rendered as a result of the hearing.

(c) If it is determined that the children residing at the facility are at risk, the Department may:

1. Remove the children from the residence; or

2. Place staff approved by the Department at the facility to ensure the children's safety.

N.J. Admin. Code § 3A:55-2.4

Administrative Change, 49 N.J.R. 98a.

Amended by 50 N.J.R. 285(a), effective 1/16/2018