N.J. Admin. Code § 17:30A-13.8

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:30A-13.8 - Onsite inspection and corrective actions

(a) Any failure to adhere to the Act and this chapter documented by the Commission may result in sanctions, including suspension, revocation, non-renewal, or denial of permit and referral to State or local law enforcement.

1. The Commission shall refer complaints involving alleged criminal activity made against an ATC to the appropriate New Jersey State or local authorities.

(b) An ATC shall maintain detailed confidential sales records in a manner and format approved by the Commission pursuant to N.J.A.C. 17:30A-9.

1. The Commission or its agents shall have complete access to the sales and other financial records of an ATC and shall be granted immediate access to those records upon request.

2. The Commission may, within its sole discretion, periodically require the audit of an ATC's financial records by an independent certified public accountant approved by the Commission.

i. If the Commission requires an audit of an ATC's financial records, the ATC shall bear all costs related to such audit. A requested audit shall be concluded within a reasonable period, as determined by the Commission. Results of a required audit shall be forwarded to the Commission.

3. An ATC shall submit reports on at least a quarterly basis, or as otherwise requested, by the Commission.

(c) If violations of requirements of the Act or this chapter are cited as a result of inspection or review of financial records, the ATC shall be provided with an official written report of the findings within seven business days following the inspection.

1. Unless otherwise specified by the Commission, the ATC shall correct the violation within 20 calendar days of receipt of the official written report citing the violation(s).

2. The violation shall not be deemed corrected until the Commission verifies in writing within seven calendar days of receiving notice of the corrective action that the corrective action is satisfactory.

3. If the violation has not been corrected, the Commission may issue a notice of contemplated action to revoke the ATC permit.

(d) Pursuant to N.J.S.A. 24:6I-7, the Commission may order the summary suspension of a ATC permit upon a finding that violations pose an immediate threat to the health, safety, and welfare of the public, qualified patients, or primary caregivers including, but not limited to:

1. Failure to comply with or satisfy any provision of this chapter;

2. Failure to allow a monitoring visit by authorized representatives of the Commission;

3. Falsification of any material or information submitted to the Commission;

4. Commission of marijuana, as determined by the Commission;

5. Threatening or harming a patient, a medical practitioner, or an employee of the Commission.

(e) Upon a finding described at (d) above, the Commission or the Commission's authorized representative shall serve notice by certified mail to the ATC or its registered agent of the nature of the findings and violations and the proposed order of suspension.

1. Except in the case of a life-threatening emergency, the notice shall provide the ATC with 72 hours from receipt to correct the violations and provide proof to the Commissioner of such correction.

(f) If the Commissioner determines the violations have not been corrected, and the facility has not filed notice requesting a hearing to contest the notice of suspension within 48 hours of receipt of the Commission's notice pursuant to (g) below, then the ATC permit shall be deemed suspended.

1. Upon the effective date of the suspension, the ATC shall cease and desist the operations and cooperate with the Commissioner as necessary in the orderly transfer of registrations of qualifying patients and primary caregivers to another ATC.

(g) If the facility requests a hearing within 48 hours of receipt of a notice of proposed suspension of permit, the Commissioner shall arrange for an immediate hearing to be conducted by the Commissioner and a final agency decision shall be issued within 48 hours by the Commission. If the Commission affirms the proposed suspension of the permit, the order shall become final. The ATC may apply for injunctive relief against the Commission's order in the New Jersey Superior Court, Appellate Division.

(h) Notwithstanding the issuance of an order for proposed suspension of a permit, the Commissioner may concurrently or subsequently impose other enforcement actions pursuant to the Act and this chapter.

(i) The Commissioner may rescind the order for suspension upon a finding that the ATC has corrected the conditions that were the basis for the action.

N.J. Admin. Code § 17:30A-13.8

Amended by R.2019 d.049, effective 5/20/2019.
See: 50 N.J.R. 1398(a), 51 N.J.R. 732(a).
In the introductory paragraph of (a), deleted "during monitoring" following "Department", inserted a comma following "non-renewal", and inserted "local"; and rewrote (b)2i.