N.J. Admin. Code § 8:33-4.4

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

Section 8:33-4.4 - Certificate of need filing requirements

(a) An applicant shall document in the application that he or she owns the site where the facility, service, or equipment will be located, or has an ownership or lease option for such site, which option is valid at least through the certificate of need processing period. A duly executed copy of the deed, option or lease agreement for the site shall be submitted with the certificate of need application and include identification of site, terms of agreement, date of execution and signature of all parties to the transaction. If the site is optioned or leased by the applicant, a copy of the deed held by the current owner shall be required at the time of filing.

(b) One hundred percent of the operation of the proposed facility, service or equipment shall be accounted for in the certificate of need application. Each and every principal involved in the proposal shall be identified by name, home address and percentage of interest, except that, if the operation is a publicly held corporation, each and every principal who has a 10 percent or greater interest in the corporation shall be identified by name, home address and percentage of interest. Where a listed principal has an operating interest in another health care facility, in this or any other state, identification of the principal(s), the health care facilities in which they have an operating interest, and the nature and amount of each interest shall be specified.

(c) If the applicant is a registered corporation, the name and address of the registered agent shall be identified in the application.

(d) The operator of the proposed facility, service, or equipment shall file and sign the application. In the case of transfer of ownership the proposed owner/operator is considered to be the applicant. However, both the current owner/operator and proposed owner/operator shall file and sign the application.

(e) If the applicant does not comply with all of the provisions in (a) through (d) above, the Department shall determine the application to be not acceptable for processing.

N.J. Admin. Code § 8:33-4.4

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.