N.J. Admin. Code § 8:33-3.10

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

Section 8:33-3.10 - Duration of an unimplemented certificate of need

(a) The following criteria apply to the duration of a certificate of need:

1. The certificate of need shall be valid for a period of five years from the date of approval, or as specifically identified in a call for certificate of need applications, in the applicable health planning regulation or other public notice issued by the Commissioner.

2. If an applicant requires an extension of time beyond the expiration date of the certificate of need, an application for extension of time shall be filed 60 days prior to the current expiration date. The application shall be subject to the expedited review process at 8:33-5.1. The application shall not be deemed complete unless the applicant provides documentation that the project's financing remains in place and is sufficient to cover cost increases, and that local zoning and/or local building approvals have already been obtained. The application shall document the reasons for delays and proposed detailed time frame identifying the remaining time needed for the project to be approved and/or licensed by the Department's Office of Certificate of Need and Healthcare Facility Licensure. Where the Commissioner determines that the approval should be extended for an additional time beyond its current expiration date, he or she shall assign an expiration date, based on the criteria contained in (a)3 below. Where the Commissioner denies the request for extension, 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, in accordance with 26:2H-9. Requests for a hearing shall be made to the Department within 30 days of receipt of notification of the Commissioner's action. The Department shall arrange for a hearing within 60 days of receipt of a request, and after such hearing the Commissioner or his or her designee shall furnish the applicant with the hearing examiner's written recommendations and reasons therefore. The Commissioner, within 30 days of receiving all appropriate hearing records, shall make his or her determination, which shall be a final agency decision.

3. If the project has not been licensed by the Department's Office of Certificate of Need and Healthcare Facility Licensure, within the original or, if applicable, extended time frame identified within this subchapter, the certificate of need shall automatically be deemed to be terminated.

N.J. Admin. Code § 8:33-3.10

Amended by R.1993 d.442, effective 9/7/1993.
See: 25 N.J.R. 2171(a), 25 N.J.R. 4129(a).
Amended by R.1996 d.101, effective 2/20/1996.
See: 27 N.J.R. 4179(a), 28 N.J.R. 1228(a).
Amended by R.2002 d.243, effective 8/5/2002.
See: 34 N.J.R. 458(a), 34 N.J.R. 2814(a).
Rewrote the section.
Amended by R.2008 d.23, effective 1/22/2008.
See: 39 N.J.R. 2709(a), 40 N.J.R. 620(b).
In (a)2 and (a)3, substituted "Office of Certificate of Need and Healthcare Facility Licensure" for "Certificate of Need and Acute Care Licensure Program or Long Term Care Licensing and Certification Program, as applicable,"; and in (a)2, substituted "c. 410" for "c.410".