New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES
Subchapter 1 - GENERAL PROVISIONS
Section 10:44C-1.4 - Application for a license

Universal Citation: NJ Admin Code 10:44C-1.4

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Information may be obtained from the Department as follows:

1. An application for a license may be obtained from:

Department of Human Services

Office of Licensing

PO Box 707

Trenton, NJ 08625-0707

(b) No community agency licensed by the Department shall pay, or contract, for any agency head until the Department has determined that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, that would disqualify the community agency head from such employment, pursuant to N.J.S.A. 30:6D-63 through 69 (criminal history background checks).

1. No prospective community agency employee or community agency head who refuses to consent to, or cooperate in, securing of a criminal history record background check shall be considered for employment or licensure.

2. No license shall be issued to any applicant or licensee who has been adjudged civilly or criminally liable for abuse of a person served by the Department or placed in a community residence regulated by this chapter.

3. When the agency head is not the owner or licensee, the owner(s) or licensee shall also comply with a criminal history background check.

(c) An application for licensure as an operator of a community residence for persons with head injuries shall be submitted to the Office of Licensing.

1. The application shall be composed of the following:
i. Identification of all owners that comprise the licensee;

ii. A table of organization including titles, which shows reporting structure;

iii. Curriculum vitae for the applicant and executive leadership;

iv. Documentation of applicant's history of service provision to persons with head injuries for a minimum of 24 months, including survey or audit results and plans of correction;

v. A description of the applicant's or executive leadership's experience in providing services to persons with head injuries that demonstrates compliance with N.J.A.C. 10:44C-2.5(a)1 and 2;

vi. Documentation that the business is incorporated or otherwise authorized to do business in the State of New Jersey;

vii. A list of the members of the governing body (for example, board of directors/trustees), their occupations, addresses and telephone numbers;

viii. At least three professional references each, for the applicant and executive leadership;

ix. A record of penalties or fines assessed against the program(s) and its ownership relative to the operation of the program(s) by any national, state, county, or local agency or court of competent jurisdiction, survey results, and plans of correction, if any, resulting from accrediting authorities, that may reasonably be considered relevant to the safety of persons served in a program and the community in which it is located; and

x. An independent examination of the applicant's financial status, obtained from a certified public accountant, for the two most recent fiscal years, with the management letters.

(d) An application shall be considered complete when the application is filled out in its entirety and all requested information on the application has been provided, and compliance with (b) above, for the community agency head, has been determined.

1. If all required elements are not received within 45 days of the initial submission, the application may be denied, and the applicant shall be prohibited from re-applying for six months, unless the Department allows such resubmission for good cause. After the six-month period has elapsed, the applicant may submit to the Department a new application for licensure.

(e) The Office of Licensing shall initially review the materials to determine:

1. Whether all required elements have been submitted;

2. The applicant's qualifications;

3. The applicant's apparent ability to comply with this chapter;

4. The applicant's apparent ability to deliver services in accordance with its stated goals and purposes; and

5. Potential barriers to licensing.

(f) The Office of Licensing may employ the services of any qualified professional, as necessary, in the review process in order to conduct a thorough and valid review of the program, supports, and services to be rendered.

(g) Within 60 calendar days of the receipt of the completed application, the applicant shall be advised in writing of its approval or non-approval.

(h) Upon a determination that an application is denied, the Office of Licensing shall notify the applicant in writing of the reason through certified mail, return receipt requested.

1. The applicant may submit a new application after six months.

(i) The licensee shall be responsible for the overall operation of each community residence for persons with head injuries, including the arrangement whereby executive leadership is delegated to a person who is employed to oversee the day-to-day operation.

(j) No license shall be issued to any person who has previously been denied a license by any State agency due to substantial noncompliance or due to violation of any State or Federal law pertaining to the operation of a community residential facility.

(k) No license shall be issued to, or held by any person who, in a final determination by a court of record or by the Division on Civil Rights, has been found to discriminate against any person on the basis of race, color, creed, gender, national origin, ancestry or disability.

(l) No person shall own or operate a community residence for persons with head injuries without authorization from the Office of Licensing.

(m) Each community residence for persons with head injuries shall be subject to inspection or investigation by the Department as deemed necessary without limitation or notice to allow for an inquiry into the facility's records, equipment, sanitary conditions, accommodations and management of the persons served.

(n) Each community residence for persons with head injuries shall be subject to an annual on-site inspection by the Office of Licensing.

(o) Upon approval of the completed application, an applicant shall submit a procedure manual to the Office of Licensing, which shall be approved upon determination that it meets the requirements at N.J.A.C. 10:44C-2.2.

(p) Upon approval of the manual, the applicant shall submit job descriptions for each position included on the table of organization in the procedure manual, and which comply with the requirements set forth in this chapter, for review and approval.

(q) A program description shall be submitted to the Office of Licensing in the approved format for each proposed community residence.

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