N.J. Admin. Code § 5:19-2.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:19-2.3 - Request for Letter of Nonapplicability

(a) Any person who believes that a continuing care retirement community or similar facility is not subject to the provisions of the Act, or who is contemplating or proposing establishment of a continuing care retirement community or similar facility, which he or she believes may not be subject to the Act, may apply to the Department for a Letter of Nonapplicability.

1. Such application shall be in writing and shall list the reasons why such existing or proposed or contemplated continuing care retirement community or similar facility may not be subject to the Act.

2. An application for a Letter of Nonapplicability pursuant to this subsection shall be accompanied by a fee of $ 70.00.

(b) In the event the Department shall determine that such continuing care retirement community or similar facility is not subject to the Act, it shall issue a Letter of Nonapplicability setting forth the facts upon which its determination is based.

(c) In the event the Department shall determine that such continuing care retirement community facility or proposed continuing care retirement community or similar facility is subject to the provisions of the Act, it shall deny the request for the Letter of Nonapplicability setting forth the facts upon which its determination is based and shall notify the applicant of its findings.

N.J. Admin. Code § 5:19-2.3

Amended by 46 N.J.R. 2024(a), effective 10/6/2014.