Current through Register Vol. 56, No. 23, December 2, 2024
Section 17:30A-7A.3 - Clinical registrant permit application submission; approval; denial(a) The Commission shall issue a sufficient number of clinical registrant permits, pursuant to need, as it deems necessary to meet the needs of qualifying patients in the State, and may accept new clinical registrant permit applications for such permits as it deems necessary to meet those needs.(b) The Commission shall provide notice of the acceptance of clinical registrant permit applications on the Commission website, to the Commission email list, and at a Commission public meeting. 1. Such notice shall be compliant with N.J.A.C. 17:30A-7A.4, and shall include:i. Measures by which the permit applicant will be scored;ii. Maximum scores for each individual measure; andiii. The total score required for a permit applicant to be approved for a permit.(c) Not more than 90 days after the receipt of a complete permit application, the Commission shall make a determination on the application.1. Such determination may include a determination that the Commission requires more time to adequately review the application.(d) Applications shall be reviewed for completeness and then scored in accordance with the criteria included in the notice of application acceptance pursuant to (b) above.(e) The Commission shall verify the information contained in a clinical registrant permit application by any means authorized pursuant to N.J.A.C. 17:30A-6.3 or 7.3.(f) The Commission shall investigate and conduct a probity review of the permit applicant, its owners, principals, and related entities and their finances, ownership, and control structure as it deems necessary.1. The permit applicant shall cooperate with the Commission's investigation and verification process and shall provide all information requested by the Commission.(g) The Commission shall approve a clinical registrant permit applicant for an annual permit where the applicant has: 1. Submitted a complete clinical registrant permit application in accordance with N.J.A.C 17:30A-7A.4;2. Scored sufficiently high to be issued a permit in accordance with the criteria included in the notice of application acceptance pursuant to (b) above;3. Been deemed qualified to hold a clinical registrant permit pursuant to N.J.A.C. 17:30A-7A.5; and4. Submitted its permit application submission fee, pursuant to N.J.A.C. 17:30A-7A.9.(h) A clinical registrant permit application the Commission deems incomplete because of failure to address all applicable criteria and measures or to provide requested information shall be returned to the permit applicant with the opportunity to cure the deficiencies in the permit application and resubmit it.(i) The Commission may deny a clinical registrant permit to an applicant that:1. Is not qualified to hold a clinical registrant permit pursuant to N.J.A.C. 17:30A-7A.5;2. Has not scored sufficiently high enough to be issued a clinical registrant permit in accordance with the criteria included in the notice of application acceptance pursuant to (b) above;3. Fails to reveal any material fact pertaining to qualification pursuant to N.J.A.C. 17:30A-7A.5 or fails to cooperate in the Commission's investigation into the applicant;4. Has been determined by the Commission, by clear and convincing evidence, to be unsuitable to hold a clinical registrant permit pursuant to N.J.A.C. 17:30A-7A.5;5. Presents false or intentionally misleading information in the application process; or6. Has a history of violating the requirements established in the chapter, the Act, or the entity's written notice of approval, or a history of violating regulatory requirements in other jurisdictions.(j) If an application is denied, the Commission shall provide notice of the denial to the applicant, in writing, which shall include:1. The specific reason for the denial; and2. The opportunity to request an administrative hearing within 45 days after the date of the denial.(k) An administrative hearing pursuant to (j) above shall take place in the Office of Administrative Law in accordance with the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.(l) The final decision on an application after an administrative hearing shall be considered a final agency decision, subject to judicial review by, and of which jurisdiction and venue for such review are vested in, the Appellate Division of the Superior Court.(m) A clinical registrant permit shall be valid for one year and may be renewed in accordance with N.J.A.C. 17:30A-7A.8.N.J. Admin. Code § 17:30A-7A.3
Adopted by 56 N.J.R. 1728(b), effective 8/19/2024