New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 84 - PROGRAM ADMINISTRATION
Subchapter 2 - EXCLUSION FROM CONTRACT PARTICIPATION IN THE NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF FAMILY DEVELOPMENT PROGRAMS, PILOT PROJECTS, OR INITIATIVES (SUSPENSION, DEBARMENT, AND DISQUALIFICATION)
Section 10:84-2.3 - Provider reinstatement

Universal Citation: NJ Admin Code 10:84-2.3

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

(a) Persons who have been debarred, disqualified, or suspended from participating in the programs or initiatives of DFD are required to petition the Director for reinstatement.

1. Persons debarred or disqualified for a definitely stated period of time may petition the Director for reinstatement 90 days prior to the expiration of the period of debarment or disqualification.

2. Persons disqualified for an indefinitely stated period of time may petition the Director for reinstatement after a disqualification period of eight years.

3. Persons who have been suspended, debarred, or disqualified as the result of an indictment, conviction, or license revocation may immediately petition the Director for reinstatement upon acquittal, reversal of the conviction upon appeal, or restoration of the license, whichever is applicable.

(b) The Director of the DFD may order the reinstatement of debarred, disqualified, or suspended persons or refer the matter to the Commissioner.

(c) Reinstatement will not be granted unless it is reasonably certain that the causes that led to the debarment, disqualification, or suspension shall not be repeated. In determining a person's fitness for reinstatement, the Director may consider, along with other factors, the following:

1. Statements from the person setting forth the reasons for reinstatement;

2. Statements from peer review bodies, law enforcement agencies, or other professional associations attesting to their belief, based upon facts known to them, that the cause that led to the exclusion will not be repeated;

3. The absence of any pending civil, criminal, licensing, or other disciplinary proceedings;

4. Whether full restitution and the payment of any legal fines imposed have been made;

5. Whether full satisfaction of any civil penalties imposed have been made;

6. Whether full satisfaction of any payments owed have been made;

7. Compliance with the terms and conditions of consent orders or court orders; and

8. Satisfaction of any conditions and requirements previously imposed by DFD or the Department of Human Services.

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