N.J. Admin. Code § 8:111-2.21

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:111-2.21 - Suspension of a license

(a) The Commissioner may order the suspension of a license of a residential substance use disorders treatment facility or a component or distinct part of the facility upon a finding that violations pertaining to the care of clients or to the hazardous or unsafe conditions of the physical structure pose an immediate threat to the health, safety and welfare of the public or the clients of the facility.

(b) Upon a finding described at (a) above, the Commissioner shall serve notice in-person or by certified mail to the facility or its registered agent of the nature of the findings and violations and the proposed order of suspension. Such notice shall be served within five days of the finding. The notice shall provide the facility with a 30-day period from receipt to correct the violations and provide proof to the Division of such correction or to request a hearing.

(c) If the Division determines that the violations have not been corrected, and the facility has not filed notice within 30 days of receipt of the Commissioner's notice pursuant to (e) below requesting a hearing to contest the notice of suspension, then the license shall be deemed suspended. Upon the effective date of the suspension, the facility shall cease and desist from the provision of substance use disorders treatment services and effect an orderly transfer of clients to licensed facilities or other approved services and shall document all transfers.

(d) Within five working days, the Division shall approve and coordinate the process to be followed during an evacuation of the facility or cessation of services pursuant to an order for suspension or revocation.

(e) If the facility requests a hearing within 30 days of receipt of the Notice of Proposed Suspension of License, the Department shall arrange for an immediate hearing to be conducted by the Office of Administrative Law (OAL), and a final agency decision shall be issued by the Commissioner as soon as possible, adopting, modifying, or rejecting the initial decision by the OAL. If the Commissioner affirms the proposed suspension of the license, the order shall become final.

(f) Notwithstanding the issuance of an order for proposed suspension of a license, the Department may concurrently or subsequently impose other enforcement actions pursuant to this chapter.

(g) The Department may rescind the order for suspension upon a finding that the facility has corrected the conditions that were the basis for the action.

N.J. Admin. Code § 8:111-2.21

Amended and recodified from 10:161A-2.21 53 N.J.R. 2208(a), effective 12/20/2021