N.J. Admin. Code § 17:30A-13.9

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

Section 17:30A-13.9 - Revocation of a permit

(a) The Commissioner may issue a notice of the proposed revocation of an ATC permit in the following circumstances:

1. The ATC has failed to comply with administrative requirements related to an ATC permit, posing an immediate and serious risk of harm, or actual harm to the health, safety, and welfare of qualifying patients, primary residents, or employees and the ATC has not corrected such violations in accordance with an approved plan of correction or subsequent to imposition of other enforcement remedies issued pursuant to this chapter;

2. The ATC has exhibited a pattern and practice of violating permit requirements posing a serious risk of harm to the health, safety and welfare of qualifying patients, primary residents, or employees. A pattern and practice may be demonstrated by the repeated violation of identical or substantially-related permit standards during three consecutive inspections or the issuance of civil monetary penalties pursuant to the Act or other enforcement actions for unrelated violations on three or more consecutive onsite assessments;

3. Failure of an ATC to correct identified violations that led to the issuance of an order for suspension of a permit; or

4. Continuance of an ATC on conditional permit status for a period of 12 months or more.

(b) The notice shall be served in accordance with this subchapter.

(c) The ATC has a right to request a hearing pursuant to this subchapter.

N.J. Admin. Code § 17:30A-13.9