N.J. Admin. Code § 8:31A-2.3

Current through Register Vol. 56, No. 8, April 15, 2024

Section 8:31A-2.3 - Appeal of assessment

(a) A covered facility may appeal an assessment issued by the Department under this subchapter.

(b) An appeal pursuant to this section shall be filed with the Commissioner, in writing, by regular or electronic mail, to:

Office of Legal and Regulatory Compliance

New Jersey Department of Health

PO Box 360

Trenton, New Jersey 08625-0360

Email: OLRC@nj.doh.gov

(c) An appeal under this section shall list the factual and legal bases for the covered facility's challenge of the assessment, including citation to applicable provisions of the ambulatory care facility assessment rules, and shall include all written documentation supporting each appeal issue.

(d) An appeal under this section shall be filed by the covered facility within 30 calendar days of issuance of the notice of assessment by the Department.

(e) The appellant shall provide any additional information that is requested by the Commissioner.

(f) Failure by the appellant to adhere to the time limits or substantive requirements listed in (a) through (e) above may result in dismissal of the appeal.

(g) The Commissioner shall issue the final determination regarding all appeals under this section in accordance with 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.

(h) A final determination by the Commissioner regarding an assessment appeal under this section shall not preclude the Department from subsequently performing an audit of the covered facility's annual report pertaining to that assessment under N.J.A.C. 8:31A-3.2, or from determining pursuant to such an audit that the covered facility had understated its gross receipts in its annual report to the Department for the fiscal year pertaining to the subject assessment or from retroactively increasing the covered facility's assessment for the subject fiscal year pursuant to the audit findings.

N.J. Admin. Code § 8:31A-2.3

Administrative change.
See: 38 N.J.R. 4219(a).

Amended by 54 N.J.R. 1299(a), effective 7/5/2022