N.J. Admin. Code § 8:43B-2.9

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

Section 8:43B-2.9 - Enforcement action against a licensee

(a) Pursuant to N.J.S.A. 26:2Y-9, the Department may impose the following enforcement remedies against any licensee for violations of, or failure to comply with, this chapter:

1. Civil monetary penalties;

2. Denial of an application for a license or renewal of a license;

3. Imposition of probationary or provisional status on a licensee;

4. Revocation or suspension of a license; or

5. Relocation of clients.

(b) Prior to taking any action set forth at (a) above, the Department shall serve written notice of the proposed action to the licensee, setting forth the specific violations, charges, or reasons for the action and the process by which the licensee may request a hearing pursuant to N.J.A.C. 8:43B-13.1.

1. The Department will serve the notice on the licensee or the registered agent thereof, in person, or by certified mail.

(c) Pursuant to N.J.S.A. 26:2Y-9, the Department may assess a penalty for violation of licensure rules in accordance with the following standards:

1. For operating as an AFC caregiver or AFC sponsor agency without first obtaining the license required pursuant to this chapter, or for operating after revocation or suspension of that license, not more than $ 2,500 for each day of such operation;

2. Except in the case of an emergency, for maintaining more clients than the AFC home is licensed to maintain, an amount equal to the daily charge collected from those clients, plus $ 25.00 for each day multiplied by the number of clients maintained over the authorized limit; and

3. For violation of any licensure rule pertaining to the care of clients or physical plant standards, not more than $ 2,500 for each day in violation of the rules.

(d) The Department may decrease the penalty assessed in accordance with (c) above, based on:

1. The compliance history of the licensee;

2. The number, frequency, and/or severity of violations;

3. The measures taken by the licensee to mitigate the effects of the current violation or to prevent future violations;

4. The deterrent effect of the penalty; and/or

5. Specific circumstances of the violation and the licensee.

(e) The Department may increase the penalties at (c) above up to the statutory maximum per violation per day in consideration of the economic benefit realized by the licensee for noncompliance.

N.J. Admin. Code § 8:43B-2.9

Adopted by 55 N.J.R. 377(a), effective 3/6/2023