N.J. Admin. Code § 8:53-3.2

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

Section 8:53-3.2 - Hearings on enforcement actions

(a) When a telehealth or telemedicine organization's registration is summarily suspended, the organization maintains the right to petition the Commissioner of the Department for emergency relief.

1. To request emergency relief, the telehealth or telemedicine organization must, within 15 business days from the date of the notice of summary suspension, submit to the Department a request in writing accompanied by a response to the notice of summary suspension.

i. Failure to submit written notice, pursuant to this paragraph within 15 business days from the date of the notice of summary, suspension shall result in the telehealth or telemedicine organization forfeiting all rights to emergency relief.

2. All applications for emergency relief will be handled in accordance with N.J.A.C. 1:1-12.6(c).

3. Unless emergency relief is granted, the summary suspension shall remain in effect until lifted by either the Department or a court of competent jurisdiction.

4. Nothing in this subsection shall be construed to prevent the Department from simultaneously or thereafter moving to suspend or revoke a telehealth or telemedicine organization's registration or issuing a monetary penalty.

(b) If the Department proposes to assess a monetary penalty and/or to suspend or revoke a license, or to deny the issuance or renewal of registration for a telehealth or telemedicine organization, the Department shall afford the organization an opportunity for a hearing to contest the proposed action.

1. All monetary penalties, suspensions (excluding summary suspensions), revocations, and denials of renewals shall become effective and final 30 calendar days from the date of the proposed action notice, unless the telehealth or telemedicine organization, within such 30-day period, gives written notice to the Department of its desire for a hearing.

i. Failure to submit a written request for a hearing within the 30-day time period shall result in the organization forfeiting all rights to such a hearing.

ii. If a timely request for a hearing is submitted, then the penalty, suspension (excluding summary suspensions), revocation, and/or denial of the renewal shall be held in abeyance until such time as the hearing is concluded and a final decision rendered.

iii. If a hearing request is timely requested for a monetary penalty, then the penalty is due 45 days after the issuance of a final agency decision by the Commissioner determining the penalty.

2. Denials of registration issuance for a telehealth or telemedicine organization are effective immediately.

i. To contest the Department's denial of a telehealth or telemedicine's request for registration, the telehealth or telemedicine organization must, within 30 days of the date of the notice of denial, submit a written hearing request with a response to the denial notice to the Department.

ii. Failure to submit such written notice within 30 days of the date of the notice shall result in the telehealth or telemedicine organization forfeiting all rights to a hearing.

(c) The Department shall transmit hearing requests to the Office of Administrative Law.

(d) Hearings shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 8:53-3.2

Adopted by 53 N.J.R. 1378(b), effective 8/16/2021