New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 161B - STANDARDS FOR LICENSURE OF OUTPATIENT SUBSTANCE USE DISORDER TREATMENT FACILITIES
Subchapter 2 - LICENSURE PROCEDURES AND ENFORCEMENT
Section 10:161B-2.17 - Enforcement actions

1. For operation of a substance use disorder treatment facility without a license, or continued operation of a facility after suspension or revocation of a license, $ 25.00 per day for a first occurrence, and $ 50.00 per day for a subsequent occurrence, from the date of initiation of services;

2. For a violation of an order for curtailment of admissions, DCN&L shall construe the order for curtailment of admissions as an order of revocation, and shall impose penalties consistent with (a)1 above;

3. Failure to obtain prior approval from DCN&L for occupancy of a new or renovated area, or initiation of a new or enhanced service, shall be considered operation of a facility without a license, and DCN&L shall impose penalties consistent with (a)1 above;

4. Construction or renovation of a facility without the New Jersey Department of Community Affairs' approval of construction plans, shall be considered operation of an unlicensed facility, and DCN&L shall impose penalties consistent with (a)1 above, until the newly constructed or renovated facility is determined by DCN&L to be in compliance with licensure standards. This determination shall take into account any waivers granted by DCN&L ; and

5. Operation of a licensed facility following the transfer of ownership of a substance use disorder treatment facility without prior approval of DCN&L, shall be considered operation of an unlicensed facility, and DCN&L shall impose penalties consistent with (a)1 above. Such penalties may be assessed against each of the parties at interest;

1. For violations of licensure regulations related to client care or physical plant standards that represent a risk to the health, safety, or welfare of clients of a facility or the general public, DCN&L shall reduce the facility's license to provisional status to allow the facility to correct all regulation violations.

2. Where there are multiple deficiencies related to client care or physical plant standards throughout a facility, and/or such violations represent a direct risk that a client's physical or mental health will be compromised, or where an actual violation of a client's rights is found, DCN&L shall begin the process to suspend or revoke the license pursuant to N.J.S.A. 26:2G-27 and may seek an injunction pursuant to N.J.S.A. 26:2G-29 and 30:1-12. Any further operation of the facility shall be construed as operation of an unlicensed facility and DCN&L shall impose penalties consistent with (a)1 above.

3. For repeated violations of any licensing regulation within a 12-month period or on successive annual inspections, or failure to implement an approved plan of correction, where such violation was not the subject of a licensing action, DCN&L may, in its discretion, reduce the license to provisional status, or move to suspend or revoke the license, considering the following factors:

4. For violations resulting in either actual harm to a client, or in an immediate and serious risk of harm, DCN&L shall reduce the license to provisional status, or move to suspend or revoke the license, and may seek an injunction pursuant to N.J.S.A. 26:2G-29 and 30:1-12.

5. For failure to report information to DCN&L as required by statute or licensing regulation, after reasonable notice and an opportunity to cure the violation, the facility shall be subject to a fine of not more than $500.00, pursuant to N.J.S.A. 26:2B-14;

1. The number, frequency and/or severity of the violation(s);

2. The location of the facility;

3. Any special population served by the facility;

4. The facility's utilization of capacity;

5. The compliance history of the facility;

6. The deterrent effect of the penalty;

7. Measures taken by the facility to mitigate the effects of the current violation or to prevent future violations; and/or

8. Other relevant specific circumstances of the facility or violation.