New Jersey Administrative Code
Title 3A - CHILDREN AND FAMILIES
Chapter 55 - MANUAL OF REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES
Subchapter 2 - APPROVAL PROCEDURES
Section 3A:55-2.4 - Administrative hearings

Universal Citation: NJ Admin Code 3A:55-2.4

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

(a) If a facility fails to comply with all applicable provisions of this chapter, the Office of Licensing shall issue a directive ordering compliance. Prior to the Office of Licensing's decision to deny, suspend, refuse to renew, or revoke a facility's certificate of approval, the facility shall have the opportunity to request an administrative hearing, pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) As long as the Department determines that children are not at risk and that no imminent dangers exist, the Office of Licensing may permit a facility that has requested an administrative hearing, as specified in (a) above, to continue to operate until a final decision is rendered as a result of the hearing.

(c) If it is determined that the children residing at the facility are at risk, the Department may:

1. Remove the children from the residence; or

2. Place staff approved by the Department at the facility to ensure the children's safety.

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