New Jersey Administrative Code › Title 8 - HEALTH › Chapter 33 - CERTIFICATE OF NEED: APPLICATION AND REVIEW PROCESS › Subchapter 4 - THE REVIEW PROCESS › Section 8:33-4.15 - Procedures for Commissioner review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may
				approve or deny an application for a certificate of need if the approval, or denial
				is consistent with all applicable health planning rules. The Commissioner shall
				issue a written decision on his or her determination of a certificate of need
				application which shall specify the reasons for approval or disapproval. The
				decision shall be sent to the applicant and to the State Health Planning Board, and
				shall be available to others upon request.
(b) Pursuant to
				26:2H-9, if the Commissioner denies a
				certificate of need application, the applicant may request a hearing pursuant to the
				Administrative Procedure Act, P.L. 1968, c.410 (52:14B-1 et seq. and 52:14F-1 et seq.)
				and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(c) A request for a hearing shall be made to the
				Department within 30 days of receipt of notification of the Commissioner's decision.
				The hearing shall be conducted according to the Administrative Procedure Act,
				52:14B-1 et seq. and 52:14F-1 et seq.,
				and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and the record shall
				be limited to the documentary evidence presented to the reviewing agencies below.
				The Department shall arrange within 60 days of a request, for a hearing and after
				such hearing the Commissioner and or his or her designee shall furnish the applicant
				in writing the hearing examiner's recommendations and reasons therefor. The
				Commissioner within 30 days of receiving all appropriate hearing records shall make
				his or her determination, which shall be a final agency decision.
(d) After the commencement of a hearing pursuant
				to (c) above, and before a decision is made, there shall be no ex parte contacts
				between any person acting on behalf of the applicant or holder of a certificate of
				need, or any person opposed to the issuance of a certificate of need, and any person
				in the Department who exercises any responsibility for reviewing the application. Ex
				parte communication is defined as an oral or written communication not on the public
				record with respect to which reasonable prior notice to all parties is not given. It
				shall not include requests for status reports on any matter or proceeding. Any
				communications made after commencement of the fair hearing that are placed in the
				record of the proceedings are made available to all parties are not ex parte and are
				not prohibited.
(e) The Department shall
				notify, upon their request, providers of health services and other persons subject
				to certificate of need requirements of the status of the review of certificate of
				need applications, findings made in the course of such review, and other information
				respecting such review after the certificate of need is deemed complete for
				processing.
(f) If the Department
				determines that the holder of an unimplemented certificate is not making a good
				faith effort to implement the project, the Commissioner may null and void the
				certificate. Prior to such a determination, the Department shall notify the holder
				of the certificate of its intent to initiate the nullification process. The holder
				of the Certificate shall have 30 days from the date of such notice to submit written
				documentation of the substantial progress which has been made, and which will
				continue, in implementing the Certificate. If, after the review of the documentation
				submitted, a notice of nullification is nevertheless issued, the holder may request
				a hearing pursuant to (c) above.