N.J. Admin. Code § 8:41-12.4

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

Section 8:41-12.4 - Hearings

(a) A provider whose license has been summarily suspended shall, consistent with 1:1-12.6, have the right to apply to the Commissioner for emergency relief.

1. A request for emergency relief shall be submitted in writing and shall be accompanied by a response to the charges contained in the "Notice of Summary Suspension." Failure to submit such written notice shall result in the provider forfeiting all rights to emergency relief.

2. All applications for emergency relief will be handled in accordance with 1:1-12.6(c).

3. Unless emergency relief is granted, the summary suspension shall remain in effect until such time as Department staff has conducted a full investigation into the circumstances that formed the basis for the summary suspension. Nothing in this section shall be construed to prevent the Commissioner from simultaneously or thereafter moving to suspend or revoke the provider's license, issuing a formal written warning and/or imposing a monetary penalty.

(b) If the Department proposes to issue a formal written warning, assess a monetary penalty, suspend, revoke or refuse to issue or renew a license, the applicant or provider, as applicable, shall be afforded an opportunity for hearing at the New Jersey Office of Administrative Law to contest the proposed action.

1. All warnings, monetary assessments, suspensions (excluding summary suspensions) and revocations shall become effective 30 calendar days after mailing of a notice of the proposed action unless the applicant or provider, within such 30-day period, gives written notice to the Department of its desire for a hearing. Failure to submit such written notice shall result in the applicant or provider, as applicable, forfeiting all rights to such a hearing.

i. Upon the filing of such written notice, the warning, assessment, probationary period, suspension (excluding summary suspensions) or revocation shall be held in abeyance until such time as the hearing has been concluded and a final decision has been rendered.

2. Refusals to issue or renew a license shall become effective immediately. In the event that an applicant or provider, as applicable, desires to contest the Department's refusal to issue or renew a license, that applicant or provider shall give written notice to the Department within the 30-day period immediately following that refusal of its desire for a hearing. Failure to submit such written notice shall result in the applicant or provider, as applicable, forfeiting all rights to such a hearing.

i. In the event that an applicant or provider requests a hearing, the license shall not be issued or shall remain invalid, as applicable, until such time as the hearing has been concluded and a final decision has been rendered.

(c) The procedures governing all hearings shall be in accordance with the New Jersey Administrative Procedure Act, 52:14B-1 et seq. and the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(d) All enforcement shall be considered public information and shall be posted on the OEMS website (http://www.state.nj.us/health/ems) as a public notice.

1. Monetary penalties, proposed suspensions and proposed revocations shall not be posted until the 30-day hearing request period has elapsed. Summary suspensions shall be posted 10 days after the notice of suspension is sent. In those instances where a hearing has been requested, the enforcement action shall not be posted to the OEMS website until such time as the hearing has been concluded and a final decision has been rendered.

2. Once posted, enforcement actions shall remain on the OEMS website as follows:

i. Monetary penalties: One year from the date on which the notice is posted;

ii. Suspensions (Summary and Non-summary): One year from the date on which the notice is posted or for the duration of the suspension, whichever is greater; and

iii. Revocations: Permanently.

N.J. Admin. Code § 8:41-12.4