N.J. Admin. Code § 8:40A-10.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:40A-10.3 - Hearings

(a) A person whose EMT-Basic and/or EMT-Instructor certification has been summarily suspended shall, consistent with 1:1-12.6, have the right to apply to the Commissioner for emergency relief.

1. A request for emergency relief shall be submitted in writing and shall be accompanied by a response to the charges contained in the "Notice of Summary Suspension." Failure to submit such written notice shall result in the person forfeiting all rights to emergency relief.

2. All applications for emergency relief will be handled in accordance with 1:1-12.6(c).

3. Unless emergency relief is granted, the summary suspension shall remain in effect until such time as Department staff has conducted a full investigation into the circumstances that formed the basis for the summary suspension. Nothing herein shall be construed to prevent the Commissioner from simultaneously or thereafter moving to suspend or revoke the person's certification, issuing a formal written warning, imposing a probationary period and/or imposing a monetary penalty.

(b) If the Department proposes to issue a formal written warning, assess a monetary penalty, impose a probationary period and/or to suspend, revoke or refuse to issue or renew an EMT-Basic or EMT-Instructor certification, the person affected shall be afforded an opportunity for hearing to contest the proposed action.

1. All warnings, monetary assessments, probationary periods, suspensions (excluding summary suspensions) and revocations shall become effective 30 calendar days after mailing of a notice of the proposed action unless the person affected, within such 30-day period, gives written notice to the Department of his or her desire for a hearing. Failure to submit such written notice shall result in the person forfeiting all rights to such a hearing.

i. Upon the filing of such written notice, the warning, assessment, probationary period, suspension (excluding summary suspensions) or revocation shall be held in abeyance until such time as the hearing has been concluded and a final decision has been rendered.

2. Refusals to issue or renew an EMT-Basic or EMT-Instructor certification shall become effective immediately. In the event that a person desires to contest the Department's refusal to issue or renew a certification, the person shall give written notice to the Department within the 30-day period immediately following that refusal of his or her desire for a hearing. Failure to submit such written notice shall result in the person forfeiting all rights to such a hearing.

i. In the event that a person requests a hearing, the certification shall not be issued or shall remain invalid, as applicable, until such time as the hearing has been concluded and a final decision has been rendered.

(c) An applicant denied certification as a training agency, a training agency whose application for program/session approval has been denied or a training agency whose certification the Department proposes to suspend or revoke shall be afforded an opportunity for hearing at the New Jersey Office of Administrative Law to contest the action.

1. All suspensions and revocations shall become effective 30 calendar days after mailing of a notice of the proposed suspension or revocation unless the training agency, within such 30-day period, gives written notice to the Department of its desire for a hearing. Failure to submit such written notice shall result in the training agency forfeiting all rights to such a hearing.

i. In the event that a hearing is requested, the suspension (excluding summary suspensions) or revocation shall be held in abeyance until such time as the hearing has been concluded and a final decision has been rendered.

2. Denial of training agency certification and denial of program/session approval shall become effective immediately.

(d) The procedures governing all hearings shall be conducted in accordance with the New Jersey Administrative Procedure Act, 52:14B-1 et seq. and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(e) All enforcement shall be considered public information and shall be posted on the OEMS website (http://www.state.nj.us/health/ems) as a public notice.

1. Formal written warnings and summary suspensions shall be posted 10 days after they are issued. Monetary penalties, proposed probationary periods, proposed suspensions and proposed revocations shall be posted 30 days after they are issued. In those instances where a hearing has been requested, the enforcement action shall not be posted to the OEMS website until the hearing has been concluded and a final decision has been rendered.

2. Once posted, enforcement actions shall remain on the OEMS website as follows:

i. Monetary penalties: One year from the date on which the notice is posted;

ii. Suspensions (summary and non-summary): One year from the date on which the notice is posted or for the duration of the suspension, whichever is greater; and

iii. Revocations: Permanently.

N.J. Admin. Code § 8:40A-10.3