N.J. Admin. Code § 8:33-4.15

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:33-4.15 - Procedures for Commissioner review

(a) The Commissioner may approve or deny an application for a certificate of need if the approval, or denial is consistent with all applicable health planning rules. The Commissioner shall issue a written decision on his or her determination of a certificate of need application which shall specify the reasons for approval or disapproval. The decision shall be sent to the applicant and to the State Health Planning Board, and shall be available to others upon request.

(b) Pursuant to 26:2H-9, if the Commissioner denies a certificate of need application, the applicant may request a hearing pursuant to the Administrative Procedure Act, P.L. 1968, c.410 (52:14B-1 et seq. and 52:14F-1 et seq.) and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(c) A request for a hearing shall be made to the Department within 30 days of receipt of notification of the Commissioner's decision. The hearing shall be conducted according to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and the record shall be limited to the documentary evidence presented to the reviewing agencies below. The Department shall arrange within 60 days of a request, for a hearing and after such hearing the Commissioner and or his or her designee shall furnish the applicant in writing the hearing examiner's recommendations and reasons therefor. The Commissioner within 30 days of receiving all appropriate hearing records shall make his or her determination, which shall be a final agency decision.

(d) After the commencement of a hearing pursuant to (c) above, and before a decision is made, there shall be no ex parte contacts between any person acting on behalf of the applicant or holder of a certificate of need, or any person opposed to the issuance of a certificate of need, and any person in the Department who exercises any responsibility for reviewing the application. Ex parte communication is defined as an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given. It shall not include requests for status reports on any matter or proceeding. Any communications made after commencement of the fair hearing that are placed in the record of the proceedings are made available to all parties are not ex parte and are not prohibited.

(e) The Department shall notify, upon their request, providers of health services and other persons subject to certificate of need requirements of the status of the review of certificate of need applications, findings made in the course of such review, and other information respecting such review after the certificate of need is deemed complete for processing.

(f) If the Department determines that the holder of an unimplemented certificate is not making a good faith effort to implement the project, the Commissioner may null and void the certificate. Prior to such a determination, the Department shall notify the holder of the certificate of its intent to initiate the nullification process. The holder of the Certificate shall have 30 days from the date of such notice to submit written documentation of the substantial progress which has been made, and which will continue, in implementing the Certificate. If, after the review of the documentation submitted, a notice of nullification is nevertheless issued, the holder may request a hearing pursuant to (c) above.

N.J. Admin. Code § 8:33-4.15

Amended by R.2002 d.243, effective 8/5/2002.
See: 34 New Jersey Register 458(a), 34 New Jersey Register 2814(a).
Rewrote the section.