N.J. Admin. Code § 8:42-3.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:42-3.2 - Ownership

(a) The agency shall disclose its owners to the Department and make available proof of the ownership at the agency.

(b) An agency shall submit an application for transfer of ownership on Form CN-7 to the Director of the Office of Certificate of Need and Healthcare Facility Licensure in writing at least 90 days prior to the proposed closing date and in conformance with the requirements for Certificate of Need applications at 8:33-3.3.

1. An applicant for a transfer of ownership shall not finalize the transaction with the proposed transferee without prior approval of the Department.

(c) An agency shall not be owned or operated by any person convicted of a crime or offense relating adversely to the person's ability to own or operate the agency, including, but not limited to, homicide, assault, kidnapping, sexual offenses, robbery, crimes against the family, children, or incapacitated individuals, and financial crimes or offenses, except when the person has demonstrated his or her rehabilitation in order to qualify as an owner in accordance with the standards set forth in the Rehabilitated Convicted Offender Act, 2A:168A-1 et seq.

(d) In accordance with the provisions of the Administrative Procedures Act, 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, any individual disqualified from owning or operating an agency pursuant to (c) above shall be given an opportunity for a hearing to challenge the denial of a determination of rehabilitation.

N.J. Admin. Code § 8:42-3.2

Amended by 48 N.J.R. 1445(a), effective 7/18/2016