N.J. Admin. Code § 8:111-2.13

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

Section 8:111-2.13 - Waiver

(a) An applicant for licensure or a current licensee may seek a waiver of one or more provisions of this chapter, provided that the applicant or licensee demonstrates that compliance represents an unreasonable hardship for the applicant or licensee and such a waiver is determined by the Division to be consistent with the general purpose and intent of its enabling statute and this chapter; is consistent with prevailing policy and procedure of the Division; and would not otherwise jeopardize recovery, endanger the life, safety, health, or welfare of the client populations to be served, their families, personnel who work or would work at the facility, or the public.

(b) An applicant or a current licensee seeking a waiver shall submit the request in writing to the address set forth at N.J.A.C. 8:111-2.1(b), and shall include the following:

1. The specific rule(s) for which a waiver(s) is requested;

2. The specific reason(s) justifying the waiver, including a statement of the type and degree of hardship that would result if the waiver is not granted;

3. An alternative proposal that would not otherwise jeopardize recovery, endanger the life, safety, health or welfare of the client populations to be served, their families, personnel who work or would work at the facility or the public;

4. Specific documentation to support the waiver request and all assertions made in the request;

5. A statement addressing how the waiver would fulfill the purpose and intent of this chapter; and

6. Such other additional information that the Division may determine necessary and appropriate for evaluation and review of the waiver request on a case-by-case basis, including timeframes within which the waiver will no longer be needed; the Division shall determine whether the requested timeframes are reasonable.

(c) The Division may revoke a waiver at any time if the Division determines that the waiver no longer fulfills the purpose and intent of this chapter or that continuing the waiver would jeopardize client recovery or endanger the life, safety, health, or welfare of the client, personnel, or the public.

N.J. Admin. Code § 8:111-2.13

Amended and recodified from 10:161A-2.13 53 N.J.R. 2208(a), effective 12/20/2021