N.J. Admin. Code § 8:36-3.5

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

Section 8:36-3.5 - Actions against an assisted living administrator

(a) A certificate issued to an assisted living administrator in accordance with this subchapter may be revoked, suspended , or restricted for improper practice. Improper practice means, but is not limited to:

1. A finding of abuse, neglect, or misappropriation of property of a resident of an assisted living residence, comprehensive personal care home, or assisted living program, or of a patient, resident, or client of any other facility or agency licensed by the Department;

2. Conviction of any offense that is a disqualifying offense pursuant to N.J.S.A. 26:2H-7.17 and N.J.A.C. 8:43I-4;

3. Improper practice as an assisted living administrator, as defined by this chapter; i. The Department may request that the Assisted Living Administrators Panel, defined at N.J.A.C. 8:36-3.6, review any allegations of improper practice, and to advise the Department as to the scope and severity of any alleged improper practice, or whether the practice is acceptable.

4. Any violation of these or other regulations applicable to the operation of an assisted living facility or program; and

5. Falsification or fraudulent use of any required documents, including documents submitted in order to obtain or renew a certification issued by the Department.

(b) Any individual who has his or her certificate revoked or suspended, or who has his or her practice restricted in accordance with (a) above, shall have the right to appeal the matter to the Office of Administrative Law in accordance with N.J.S.A. 52:14B-1et seq. The Department shall request that any such matter be docketed for a hearing within 30 days of the request. All proceedings shall be in conformance with the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(c) The Commissioner or his or her designee may summarily suspend the certificate of an assisted living administrator when the continued certification of an individual poses an immediate threat to the health, safety or welfare of the public, including residents of assisted living facilities or programs and other licensed health care facilities or agencies. An individual whose certificate is summarily suspended shall have the right to appeal to the Commissioner for an expedited hearing at the Office of Administrative Law, which shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq. and N.J.S.A. 52:14F-1et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. If the summary suspension is upheld at the Office of Administrative Law, the individual whose certificate has been summarily suspended shall have the right to apply for injunctive relief in the Superior Court of New Jersey. Nothing in this subsection shall be construed to prevent the Commissioner from thereafter revoking the license in accordance with (a) above.

N.J. Admin. Code § 8:36-3.5

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