New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES
Subchapter 1 - GENERAL PROVISIONS
Section 10:44B-1.6 - Options on non-compliance with standard

(a) The Department may revoke a license whenever the licensee shall be found to be violating any State or Federal law pertaining to community care residences, or whenever such residence shall fail to comply with the minimum standards established by the Department. The Department may suspend the license, pending the outcome of an inspection, investigation, or inquiry by the Department, when an allegation is received that may affect the health, safety, and/or welfare of an individual(s).

(b) If any inspection, investigation, or inquiry by the Department reveals substantial non-compliance or willful non-compliance with the rules contained in this chapter, or if any non-compliance represents a threat to the health, safety, or rights of the individuals or boarders, licensure may be denied or revoked, following 30-day notice to the provider of such intent. Any subsequent application may be denied.

(c) In cases of non-compliance where licensure denial or revocation may be deemed by the Department to be too harsh an action, intermediate sanctions may be invoked following 30-day notice to the licensee of such intent. These include removal of individuals from the residence, imposition of a suspension of admissions to the home, reduction of capacity, or licensure term of the residence.

(d) Falsification of any information contained in the application or provided during any inspection, investigation, or inquiry shall be sufficient grounds for licensure denial, suspension, revocation, or non-renewal.

(e) Failure of an applicant or licensee to cooperate and/or provide necessary information in connection with an inspection, investigation, or inquiry by representatives of the Department shall be considered sufficient grounds for licensure denial, suspension, revocation, or non-renewal.

(f) Any licensee whose license has been suspended, revoked, or non-renewed, or who has had any intermediate sanctions invoked against him or her, has the right to appeal such negative licensing action pursuant to N.J.A.C. 10:48. Before taking negative licensing action, the Department shall give notice to a licensee personally or by mail to the last known address of the licensee, with return receipt requested. The notice shall afford the licensee the opportunity to be heard and to contest the Department's action. The hearing shall be conducted in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.