N.J. Admin. Code § 8:36-2.7

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

Section 8:36-2.7 - Waiver

(a) The Commissioner or his or her designee may, in accordance with the general purposes and intent of N.J.S.A. 26:2H-1et seq., and amendments thereto, and this chapter, waive sections or part of sections of these rules if, in his or her opinion, such waiver would not endanger the life, safety, or health of residents or the public.

(b) A facility seeking a waiver of these rules shall apply in writing to the Director of the Certificate of Need and Licensing Program.

(c) A written request for waiver shall include the following:

1. The specific rule(s) or part(s) of the rule(s) for which waiver is requested;

2. The reasons for requesting a waiver, including a statement of the type and degree of hardship that would result to the facility upon adherence;

3. An alternative proposal which would ensure resident safety; and

4. Documentation to support the request for waiver.

(d) The Department reserves the right to request additional information before processing a request for waiver, depending upon the waiver requested.

(e) All requests for waivers to the physical plant requirements in N.J.A.C. 8:36-16 and 22 shall be fully explained, justified, and made a part of the certificate of need application submitted in accordance with N.J.S.A. 26:2H-1et seq. and N.J.A.C. 8:36-2.1(a).

N.J. Admin. Code § 8:36-2.7

Amended by 54 N.J.R. 54(a), effective 1/3/2022