N.J. Admin. Code § 8:111-2.23

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

Section 8:111-2.23 - Injunction

(a) The Commissioner, or designee thereof, may determine to seek an injunction of the operation of a substance use disorders treatment facility or a component or distinct part of the facility upon a finding that violations pertaining to the care of clients or to the hazardous or unsafe conditions of the physical structure pose an immediate threat to the health, safety and welfare of the public or the clients of the facility.

(b) Upon a finding described in (a) above, the Commissioner, or designee thereof, shall refer the matter to the Office of the Attorney General to file for an injunction and or temporary restraints consistent with the New Jersey Rules of Court.

(c) Within five working days, the Department shall approve and coordinate the process to transfer/relocate all of the facility's current clients. Upon the court issuing an injunction or temporary restraint the facility shall cease and desist the provision of substance use disorders treatment services and effect an orderly transfer of clients to substance use disorders treatment facilities or other services approved by the Department and the facility shall document all transfers.

(d) Notwithstanding the issuance of an injunction and/or temporary restraint, the Department may concurrently or subsequently impose other enforcement actions pursuant to this chapter.

(e) The Department shall seek to lift the injunction and/or temporary restraint upon its determination that the facility has corrected the conditions that were the basis for the action.

N.J. Admin. Code § 8:111-2.23

Amended and recodified from 10:161A-2.23 53 N.J.R. 2208(a), effective 12/20/2021