N.J. Admin. Code § 8:43J-2.13

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

Section 8:43J-2.13 - Waiver of licensing standards

(a) The Commissioner or his or her designee, in accordance with the general purposes and intent of 26:2H-1 et seq. and this chapter, may waive provisions of this chapter if, in his or her opinion, such waiver would not render the premises, equipment, personnel, finances, rules and bylaws and standards of health care at a facility unfit or inadequate.

1. A facility seeking a waiver of these rules shall apply in writing to the Director of the Office of Certificate of Need and Healthcare Facility Licensure of the Department.

2. A written request for a waiver shall include the following:

i. A citation to the specific rule or part of the rule for which a waiver is requested;

ii. Reasons for requesting a waiver, including a statement of the type and degree of hardship that would result to the facility upon adherence;

iii. An alternative proposal that would ensure the care and safety of the children in the facility; and

iv. Documentation to support the request for a waiver.

3. The Department may request additional information before processing a request for waiver.

N.J. Admin. Code § 8:43J-2.13