reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 7 - PLAN ENDORSEMENT › Section 15:30-7.14 - Finding of consistency and action plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After receipt of items submitted pursuant to N.J.A.C. 15:30-7.12, the Executive Director shall make a determination as to whether or not a plan that is the subject of a petition for plan endorsement is consistent with the State Plan as described at N.J.A.C. 15:30-7.13 and the petitioner has fulfilled all requirements for plan endorsement as described in this chapter and relevant parts of the Plan Endorsement Guidelines and other support materials.
(b) If the Executive Director determines that additional actions must be taken to complete the self-assessment, visioning, or other actions necessary to achieve initial consistency with these steps, the Executive Director shall, in consultation with the Plan Implementation Committee and petitioner, develop a draft Memorandum of Understanding and draft an Action Plan within 45 days of the conclusion of the 90-day consistency review period.
(c) If the Executive Director, in consultation with the Plan Implementation Committee, determines that the self-assessment and visioning process steps have been performed, or that a waiver of these requirements has been properly granted, and the terms and conditions of the Action Plan have been met to achieve initial consistency with these steps, then the petitioner shall work with the Office of Planning Advocacy in coordination with the Plan Implementation Committee to develop a draft Plan Implementation Agreement that outlines longer-term planning implementation mechanisms for the petitioner to undertake during the 10-year endorsement period to achieve and maintain consistency with the goals and vision described in the endorsement plan, the State Plan, and any additional procedures from the Plan Endorsement Guidelines and other support materials.
(d) If the Executive Director determines that the self-assessment and visioning process steps are not acceptable or that the terms and conditions of the Action Plan items have not been met as necessary to achieve initial consistency, then it shall advise the petitioner, in writing, of the items required in the Action Plan to achieve initial consistency.
(e) If petitioner fails to achieve initial consistency or meet the conditions and requirements of the Action Plan within 90 days or within a longer period, as requested of, and agreed to by, the Executive Director, in consultation with the Plan Implementation Committee, the petition will be considered to have been withdrawn without prejudice and the petitioner so notified. Notice of any such withdrawal shall be provided by the Office of Planning Advocacy to the petitioner, and the State Planning Commission pursuant to N.J.A.C. 15:30-1.7(h)  and 7.4(b).
New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 7 - PLAN ENDORSEMENT › Section 15:30-7.15 - Recommendation report, review of petition, and direct petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 60 days of satisfaction of action items in an Action Plan by the petitioner, and development of a draft Plan Implementation Agreement and associated State Planning Areas Map, the Executive Director shall prepare a recommendation report to the Plan Implementation Committee. The report shall either determine that the plan is consistent or not consistent with the State Plan.
(b) Within 45 days after receipt of the Executive Director's recommendation report on consistency pursuant to N.J.A.C. 15:30-7.14(a) or (c), or a direct petition pursuant to (d) below or N.J.A.C. 15:30-7.23(d), the Plan Implementation Committee will consider the recommendation report at a regularly-scheduled meeting, occurring no sooner than 10 days following the provision of public notice of same.
(c) If the Plan Implementation Committee requests additional information from the petitioner to make its determination, it may add an additional 45 days after receipt of the requested information, before making a recommendation on the petition. The Plan Implementation Committee will recommend to the State Planning Commission that the petition be: considered for approval, considered for approval with revisions, or denied.
(d) A petitioner may directly petition the State Planning Commission for plan endorsement under the following circumstances:
1. If the Plan Implementation Committee fails to make a recommendation on the petition within 45 days of receipt of the Executive Director's Report or within 45 days of receipt of the requested additional information, or if the petitioner disagrees with the recommendation of the Plan Implementation Committee; or
2. If the Office of Planning Advocacy fails to prepare a draft Plan Implementation Agreement and State Planning Area Map pursuant to N.J.A.C. 15:30-7.14(a).
New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 7 - PLAN ENDORSEMENT › Section 15:30-7.16 - Plan Implementation Agreement submission and completion

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Planning Commission determines that the draft Plan Implementation Agreement and associated State Planning Areas Map are appropriate to achieve consistency with the State Plan and any additional procedures from the State Plan Endorsement Guidelines, then the Executive Director shall submit the Plan Implementation Agreement to the petitioner for official consideration and execution.
1. The petitioner shall consider adoption of the Plan Implementation Agreement at a public hearing of the relevant governing body or relevant planning entity.
2. Municipal petitioners shall present the proposed Plan Implementation Agreement to both the planning board and governing body, which can be at the same or separate public hearings. The planning board and governing body may choose to hold a joint public hearing to consider adoption of the resolution accepting the Plan Implementation Agreement and State Planning Areas Map.
3. The petitioner shall submit the fully executed resolution accepting and authorizing the Plan Implementation Agreement and State Planning Areas Map to the Executive Director. Submission of the executed resolution shall include the following:
i. Proof of public notice pursuant to N.J.A.C. 15:30-1.7 for all required public meetings and hearings in the form of an affidavit of publication;
ii. A certified resolution from the governing body, or the relevant planning entity for a regional plan or Special Resource Area plan, approving execution of the Plan Implementation Agreement and State Planning Areas Map;
iii. A copy of the meeting minutes of each public meeting and hearing at which the Plan Implementation Agreement and State Planning Areas Map were reviewed. The minutes shall include a summary of public comments and copies of written comments filed before or during the public hearing(s); and
iv. A copy of the certified resolution authorizing execution of the Plan Implementation Agreement and State Planning Areas Map.
4. If the petitioner fails to execute the resolution to enter into the Plan Implementation Agreement and become endorsed by the State Planning Commission within 60 days of receiving the Plan Implementation Agreement and State Planning Areas Map, or within a reasonable period of time as agreed to by the Executive Director, in consultation with relevant State agencies, the petition will be considered to have been withdrawn without prejudice and the petitioner so notified. Notice of any such withdrawal shall be provided by the Office of Planning Advocacy to the petitioner, and the Commission pursuant to N.J.A.C. 15:30-1.7(h)  and 7.4(b).
5. An approved Plan Implementation Agreement may only be amended for good cause shown at the discretion of the Executive Director. Any amendments to a Plan Implementation Agreement shall be provided to the Commission and the public pursuant to N.J.A.C. 15:30-1.7(h)  and 7.4(b), unless undertaken pursuant to N.J.A.C. 15:30-7.20(d).
New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 7 - PLAN ENDORSEMENT › Section 15:30-7.17 - Plan Endorsement by State Planning Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 45 days after receipt of the recommendation report and a fully executed resolution accepting and authorizing the Plan Implementation Agreement and State Planning Areas Map to the Executive Director pursuant to N.J.A.C. 15:30-7.15 and 7.16, the Commission shall conduct a hearing to consider the petition and the Executive Director's report and affirm, revise, or reverse the Executive Director's recommendation on the petition or the petitioner's direct petition for endorsement based on its determination of consistency. If the Commission determines that the plan that is the subject of the petition along with any Plan Implementation Agreement and State Planning Areas Map, is consistent with the State Plan, it shall approve the petition for plan endorsement. If the Commission determines the plan that is the subject of the petition along with any Plan Implementation Agreement and State Planning Areas Map, is inconsistent with the State Plan, the Commission shall either request that the petitioner make necessary changes to address requirements that must be met in order to achieve consistency with the State Plan or deny the petition. The Commission's approval or denial of a petition is a final agency action.
(b) Endorsed plans and Centers may be revoked by the Commission in the event that the petitioner fails to satisfy Plan Implementation Agreement deadlines, based on a recommendation by the Executive Director, in consultation with the Plan Implementation Committee.
New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 7 - PLAN ENDORSEMENT › Section 15:30-7.18 - Extension of time requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Executive Director may extend, up to 90 days, the time allowed for State actions under this subchapter, in the event that the number of requests for plan endorsement or amendments thereto exceeds the resources of the Office of Smart Growth to process those requests.
(b) The Executive Director may extend any time period in this subchapter up to an additional 90 days for the purpose of requesting additional information necessary to adequately and appropriately evaluate a petition for plan endorsement, an amendment to a previously endorsed plan or center designation. The period of review shall be extended 30 days after the receipt of the requested additional information by the Office of Smart Growth.
(c) Public notice of any extensions shall be provided pursuant to N.J.A.C. 15:30-7.4.
New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 7 - PLAN ENDORSEMENT › Section 15:30-7.19 - Period of endorsement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Endorsement of any plan shall be valid for 10 years.
(b) Within 45 days of expiration of Endorsement, the Executive Director shall advise the State Planning Commission of the expiration and provide written notice to the appropriate State agencies, municipal and county governing bodies, or regional agency, advising them of the same.
(c) In the Highlands Region, as defined at N.J.S.A. 13:20-7, the Highlands Council's certification of a municipality or county in the Highlands Region whose master plan and associated regulations have been approved by the Highlands Council pursuant to N.J.S.A. 13:20-18.a, as in conformance with the Highlands Regional Master Plan, is deemed equivalent to endorsement from the State Planning Commission for purposes of qualifying for State aid, planning assistance, technical assistance, and other benefits and incentives that may be awarded or provided by the State to municipalities and counties that have received plan endorsement by the State Planning Commission, provided the municipality's master plan and land use ordinances remains certified.
(d) In the Pinelands, as defined at N.J.A.C. 7:50-2.11, the Pinelands Commission's certification of a municipality's master plan and land use ordinances pursuant to N.J.A.C. 7:50-3.31, is deemed equivalent to endorsement by the Commission for the purposes of qualifying municipalities for benefits of plan endorsement, provided the municipality's master plan and land use ordinances remains certified. Pinelands Regional Growth Areas, Pinelands Towns, and Pinelands Villages within the municipalities having Pinelands Commission-certified plans and implementing land use ordinances are deemed equivalent to designated regional centers, town centers, and village centers, respectively, as defined in the this chapter and the State Plan, for the purposes of determining eligibility for State agency benefits of plan endorsement.
New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 7 - PLAN ENDORSEMENT › Section 15:30-7.22 - Revocation of plan endorsement or prior center designation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Executive Director finds that a jurisdiction has made substantial changes to its endorsed plan or previously designated center, or has substantially violated the terms of its Plan Implementation Agreement, so that its endorsed plan or previously designated center are inconsistent with the State Plan, the Executive Director shall:
1. Direct the Office of Planning Advocacy to conduct a public hearing in the affected jurisdiction to receive public comment on the status and progress of the jurisdiction's implementation of the endorsed plan or previously designated center. Minutes of this public hearing shall include a summary of public comments and copies of written comments filed before, or presented at, the public hearing;
2. Prepare and forward a monitoring report to the Commission recommending that plan endorsement or prior center designation be revoked;
3. Inform the petitioner, county representatives, and the Commission, in writing, of the reasons therefor; and
4. Provide written notice of said recommendation to the relevant planning entity pursuant to N.J.A.C. 15:30-1.7(h)  and post notice pursuant to N.J.A.C. 15:30-7.4.
New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 8 - THE STATE PLAN POLICY MAP › Section 15:30-8.1 - State Plan Policy Map

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The official map of the State Development and Redevelopment Plan is entitled the "State Plan Policy Map" and is comprised of a series of maps encompassing the geographic area of the State of New Jersey.
(b) Any other graphic representation, at any scale, of delineations and other pertinent data contained on the State Plan Policy Map that is included in the State Development and Redevelopment Plan or any other document, is for illustrative purposes only and is not to be considered the official map of the State Development and Redevelopment Plan as outlined in (a) above.
New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 8 - THE STATE PLAN POLICY MAP › Section 15:30-8.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
In most cases, the State Plan Policy Map reflects the intergovernmental consensus arrived at during the cross-acceptance process. While the cross-acceptance process provides sufficient data, coordination and dialogue to prepare the State Plan Policy Map, new research, conditions and events may also suggest appropriate changes to the State Plan Policy Map. The purpose of this subchapter, therefore, is to create a process for amending the State Plan Policy Map after adoption of the State Development and Redevelopment Plan in order to accommodate such newly discovered or newly important conditions, situations or knowledge that emerge as the State Plan is applied by State and regional agencies, as well as municipalities and counties. In addition, it is necessary to address planning area changes and designation of centers, cores and nodes that evolve through the plan endorsement process.
New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 8 - THE STATE PLAN POLICY MAP › Section 15:30-8.3 - Map amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for areas that are subject to an endorsed plan, the State Planning Commission may initiate amendments to the State Plan Policy Map based on new information related to the goals, strategies, policies, and delineation criteria of the State Plan provided that the new information alters the assumptions that were the basis for adopting the State Plan Policy Map for a particular area or areas. If the State Planning Commission determines that it should initiate a map amendment to the State Plan Policy Map, it shall prepare and distribute to appropriate municipalities, counties, State agencies, and regional entities justification for requesting the State Plan Policy Map amendments and hold a public hearing on the proposed map amendment in the vicinity of where the proposed map amendment is located. Public notice of the hearing concerning the proposed map amendment shall be provided pursuant to N.J.A.C. 15:30-1.7(b).
(b) Any proposed change to the State Plan Policy Map by municipality, county, or regional agency shall be conducted through the plan endorsement process set forth at N.J.A.C. 15:30-7.
(c) Any other entity may submit a petition for an amendment to the State Plan Policy Map provided that the concerned area is not subject of an endorsed plan.
New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 8 - THE STATE PLAN POLICY MAP › Section 15:30-8.7 - Extension of time requirements

Current through Register Vol. 56, No. 14, July 15, 2024
The Executive Director of the Office of Planning Advocacy may extend, up to an additional 60 days, the time allowed for certain actions pursuant to this subchapter in the event that the number of requests for State Plan Policy Map amendments exceeds the resources of the Office of Planning Advocacy to process those requests in accordance with this subchapter. Public notice of any such extensions shall be provided to the petitioner, to those interested persons, and organizations who have registered with the Office of Planning Advocacy in accordance with N.J.A.C. 15:30-1.6(b)  and posted on the Office of Planning Advocacy's website.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 1 - RESERVED › Subchapter 1 - ORGANIZATION › Section 15A:1-1.1 - Public Advocate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Public Advocate is the administrator and chief executive officer of the Department and is appointed by the Governor, with the advice and consent of the Senate, to serve during the Governor's term of office. The Department of the Public Advocate is responsible for:
1. Providing advocacy and counsel for individuals diagnosed as mentally ill or developmentally disabled;
2. Investigating complaints from citizens about State government;
3. Representing the public in rate proceedings;
4. Representing the public interest; and
5. Securing the health, safety and welfare of the elderly population as prescribed in N.J.S.A. 52:27EE-1 et seq.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 1 - RESERVED › Subchapter 1 - ORGANIZATION › Section 15A:1-1.2 - Divisions and Offices within the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of the Public Advocate provides administrative support to the Public Advocate and coordinates the administration of the Divisions within the Department that are subject to the supervision of the Public Advocate. The Office is responsible for establishing departmental policies and procedures and for connecting with the Legislature. Merged with the Office is the Division of Administration, which is responsible for preparing the Department's budget, fulfilling personnel requirements, and providing public information concerning departmental activities.
(b) The Division of Mental Health Advocacy is responsible for providing advocacy, as well as individual test case and class action representation for patients, residents, and clients of mental health facilities and programs in New Jersey or for New Jersey residents to ensure the adequacy of care and to improve their quality of life.
1. Representation of individuals at involuntary commitment hearings held pursuant to 30:4-27.1 2 is limited to individuals committed from the Counties of Atlantic, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Monmouth, Ocean, Salem and the children committed from Bergen County. Representations of individuals at involuntary commitment hearings held pursuant to 30:4-27.2 9 is not limited by county of residence or county of commitment.
2. Representation in test case or class action litigation, as defined in N.J.S.A. 52:27EE-31, is not subject to the limitation in (a)1i above.
3. The Division operates four regional field offices in Gibbsboro, Trenton, Newark, and Asbury Park.
4. Questions concerning general policies should be directed to the Division's Trenton Office, PO Box 854, Trenton, NJ 08625-0854.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 1 - RESERVED › Subchapter 1 - ORGANIZATION › Section 15A:1-1.3 - Child Advocate

Current through Register Vol. 56, No. 14, July 15, 2024
The Office of the Child Advocate is allocated within the Department of the Public Advocate but is independent of supervision and control by the Department and its officers and divisions. The purpose of the Child Advocate is to ensure that children at risk of abuse and neglect receive effective, appropriate and timely services, and that children under State supervision due to abuse or neglect are served adequately and appropriately by the State.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 1 - GENERAL PROVISIONS › Section 15A:3-1.3 - Contact with the Office; information about rights and entitlements; communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may contact the Office to report any complaints concerning the health, safety and welfare, and the civil and human rights of institutionalized elderly persons.
(b) The Office may be contacted by calling its toll-free telephone number (877-582-6995), 24 hours per day, any day of the year; or by writing to: The Office of the Ombudsperson for the Institutionalized Elderly, Department of the Public Advocate, PO Box 852, Trenton, New Jersey 08625-0852.
(c) Any correspondence or written communication from any resident of a facility to the Office shall, if delivered to or received by the facility, be promptly forwarded, unopened, by the facility to the Office. Any correspondence or written communication from the Office to any resident of a facility shall, if delivered to or received by the facility, be promptly forwarded, unopened, by the facility to such resident.
(d) The Office shall prepare and distribute to each facility written notices which set forth the address and telephone number of the Office, a brief explanation of the function of the Office, the procedure to follow in filing a complaint, and other pertinent information.
(e) The administrator of each facility shall ensure that such written notice is given to every resident or his or her next of kin or guardian, as appropriate, upon admission to the facility and to every person already in residence or his or her next of kin or guardian, as appropriate. The administrator shall also post such written notice in a conspicuous, public place in the facility.
(f) The Office shall from time to time publicize its existence, function and activities by informing residents, their families and friends, facility staff and other caregivers, government agencies and representatives, private organizations and community groups, and the general public, about the Office and its function and activities, through "in-service training" presentations at facilities and elsewhere, participation in seminars or other informational programs, contact with the press and other media, and direct communication, in person or in writing, including the submission for publication of scholarly and informational articles and other materials concerning the Office, its functions and activities.
(g) The Office shall make itself available for the purpose of informing and educating interested individuals and groups about general issues of concern affecting the civil and human rights of the institutionalized elderly.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 1 - GENERAL PROVISIONS › Section 15A:3-1.4 - Complaint procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a complaint identifies the complainant, the Office shall acknowledge receipt of all complaints by letter, telephone or e-mail. If the Office does not have jurisdiction, the Office shall so advise the person making the complaint and shall promptly refer the complaint to the appropriate government agency.
(b) Upon receiving and acknowledging a complaint, the Office shall investigate any act, practice, policy or procedure of any facility or government agency that does or may adversely affect the health, safety, welfare or civil or human rights of any resident of a facility.
(c) The Office need not investigate any complaint where it determines that:
1. The complaint is trivial, frivolous, vexatious or not made in good faith;
2. The complaint has been too long delayed to justify present investigation;
3. The resources available, considering the Office's established priorities, are insufficient for an adequate investigation; or
4. The matter complained of is not within the investigatory authority of the Office.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 1 - GENERAL PROVISIONS › Section 15A:3-1.5 - Reporting requirements and complaint procedures under the Mandatory Adult Abuse and Exploitation Reporting Law, N.J.S.A. 52:27G-7.1 et seq

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any caregiver, social worker, physician, registered or licensed practical nurse, or other professional, who, as a result of information obtained in the course of his or her employment, has reasonable cause to suspect or believe that an institutionalized elderly person is being or has been abused or exploited, shall report such information to the Office within one business day from the time when such individual acquired such information. Any other person having reasonable cause to suspect or to believe that an elderly person is being or has been abused or exploited may report such information to the Ombudsperson or to the person designated by the Ombudsperson to receive such report.
(b) Any report of actual or suspected elderly abuse or exploitation shall be made verbally or in writing and shall contain, if known:
1. The name, address and age of the elderly person who is the subject of the suspected abuse or exploitation;
2. The name of the person accused of committing the alleged abuse or exploitation;
3. The name and address of the facility involved;
4. A description of the nature of the suspected abuse or exploitation;
5. The date, time and specific location of the occurrence;
6. The name and address of any witness to the suspected abuse or exploitation; and
7. Any other information which might be helpful in an investigation of the case and the protection of such elderly person.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 1 - GENERAL PROVISIONS › Section 15A:3-1.6 - Confidentiality of information; privileged communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office shall maintain confidentiality with respect to all matters in relation to any complaint or investigation, together with the identities of the complainants, witnesses or residents involved, unless such persons authorize, in writing, the release of such information, except for such disclosures as the Ombudsperson deems necessary to enable the Office to perform its duties and to support any opinions or recommendations that may result from a complaint or investigation. The investigatory files of the Office, including all complaints and responses of the Office to complaints, shall be maintained as confidential information. Release of pertinent records shall be at the discretion of the Ombudsperson.
(b) Any statement or communication made by the Office relevant to a complaint received by, proceedings before, or investigative activities of, the Office, and any complaint or information made or provided in good faith by any person, shall be absolutely privileged and such privilege shall be a complete defense in any action which shall allege libel or slander.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 1 - GENERAL PROVISIONS › Section 15A:3-1.7 - Prohibition of discriminatory, disciplinary or retaliatory action

Current through Register Vol. 56, No. 14, July 15, 2024
No discriminatory, disciplinary or retaliatory action shall be taken against any officer or employee of a facility or government agency by such facility or government agency, or against any resident of a facility or guardian or family member thereof, or independent contractor providing care or services to a resident, or volunteer, for any communication by him or her with the Office or for any information given or disclosed by him or her in good faith to aid the Office in carrying out its duties and responsibilities.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 1 - GENERAL PROVISIONS › Section 15A:3-1.8 - Hindrance of Office or refusal to comply; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who willfully hinders the lawful actions of the Office or willfully refuses to comply with any of its lawful demands, including the demand of immediate entry into and inspection of a facility or government agency or the demand of immediate access to a resident thereof, shall be fined up to $ 5,000. In the event that, within 30 days of notice of assessment of such fine, such person requests a hearing, the Ombudsperson shall afford said person the right to a hearing in accordance with 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. Such penalty shall be collected and enforced by the Office in a summary proceeding brought pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq., upon complaint of the Office or any other person. Each violation of this section shall constitute a separate offense.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 1 - GENERAL PROVISIONS › Section 15A:3-1.9 - Volunteer Advocate Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Program Coordinator, under the direction of the Ombudsperson, shall develop programs for use, training and coordination of volunteers and shall also be responsible for the development of policies and procedures for the administration of the Volunteer Advocate Program. These Volunteer Advocates shall serve to promote the well-being and quality of life of residents of long-term care facilities. They shall be required to report to the Regional Volunteer Coordinator.
(b) The Office shall retain responsibility for its volunteer advocates by acquiring the services of Regional Volunteer Coordinators, who shall be responsible to the Ombudsperson through the State Program Coordinator. The Regional Volunteer Coordinator shall recruit, train and supervise Volunteer Advocates to advocate on behalf of the institutionalized elderly 60 years of age and over.
(c) The State Program Coordinator, under the direction and supervision of the Ombudsperson shall coordinate the efforts of the Volunteer Advocate program for the Office with all relevant government agencies and with the administrators of such private facilities as may be deemed appropriate to ensure coordination and to avoid duplication of effort, so that the Volunteer Program will genuinely serve the interests of the institutionalized elderly without disrupting the legitimate function of any facility.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS › Section 15A:3-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to clarify the Office's role in circumstances involving proposals to withhold or to withdraw life-sustaining treatment residents of facilities, pursuant to guidelines set forth by the New Jersey Supreme Court in the cases of Matter of Farrell, 108 N.J. 335 (1987), Matter of Peter, 108 N.J. 365 (1987), Matter of Jobes, 108 N.J. 394 (1987), and Matter of Conroy, 98 N.J. 321 (1985). The Office views its role as being twofold:
1. To oversee the processes established by the Court in Peter and in Conroy; and
2. To assist the institutionalized elderly, their families and friends, their healthcare providers and the facilities in which they reside in making life-sustaining treatment decisions that fully express the wishes of the resident.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS › Section 15A:3-2.3 - Duty to report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who believes that withholding or withdrawing life-sustaining treatment from an elderly, incapacitated resident of a facility would effectuate the resident's wishes or would be in the resident's best interests shall notify the Office of the contemplated action.
(b) Any caregiver, social worker, physician, registered or licensed practical nurse or other professional who has reasonable cause to suspect that withholding or withdrawing life-sustaining treatment from an elderly, incapacitated resident of a facility would be an abuse of that resident shall report such information to the Office.
(c) Any other person who has reasonable cause to suspect that withholding or withdrawing life-sustaining treatment from an elderly, incapacitated resident of a facility would be an abuse of the resident may report such information to the Office.
(d) The reporting procedures set forth in this section shall not apply when:
1. The resident is under age 60;
2. The resident, being fully informed and having the capacity to make a health care decision, chooses to withhold or withdraw life-sustaining treatment. Where there is any doubt whether the resident is fully informed, or regarding the resident's capacity to make a particular health care decision, two non-attending physicians shall make the determination of whether the resident is fully informed and has the capacity to make a particular health care decision. The physicians' determinations shall be based on the physicians' reasonable medical judgments and shall be documented on the resident's chart;
3. The resident has a fully executed and valid Advance Directive ("Living Will") or Proxy Directive ("Durable Power of Attorney for Health Care") under the provisions of 26:2H-53 et seq.;
4. The life-sustaining treatment is not medically indicated for the resident. The resident's attending physician or an advanced practice nurse in collaboration with the attending physician shall make this determination. Such determination shall be based on reasonable medical judgment and shall be documented on the resident's chart;
5. The proposal to withhold or withdraw life-sustaining treatment is being reviewed by, or has been reviewed favorably by, a court of competent jurisdiction; or
6. The proposal to withhold or withdraw life-sustaining treatment is being reviewed by, or has been reviewed by, a regional long term care ethics committee acting under the auspices of and with the approval of the Ombudsperson, and such committee has recommended in favor of the proposal and reported its recommendation to the Ombudsperson.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS › Section 15A:3-2.4 - Procedure for residents incapable of making healthcare decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless one or more of the circumstances set forth in 15A:3-2.3(d)  apply, the surrogate decision-maker for the resident shall notify the Office, in writing, of a contemplated decision to withhold or to withdraw life-sustaining treatment from the resident.
(b) The resident's attending physician or advanced practice nurse shall provide to the Office, in writing, evidence of the resident's condition.
(c) The Office shall advise the facility administrator, in writing, of the proposal to withhold or to withdraw life-sustaining treatment.
(d) The Office shall then inquire into the resident's intent, if any, pertaining to the proposal to withhold or to withdraw the life-sustaining treatment. In making its intent inquiry, the Office shall:
1. Inquire into whether there exists any declaration or designation including an oral declaration or designation;
2. Make reasonable efforts to interview the resident's family and friends, the attending physician, healthcare providers, employees of the facility at which the resident is residing, and others having knowledge of the resident's intent; and
3. Do anything that the Office, in its discretion, deems necessary to discover the resident's intent.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS › Section 15A:3-2.5 - Use of "Do Not Resuscitate" orders in facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Do Not Resuscitate" orders ("DNRs") are orders written by a physician or advanced practice nurse in collaboration with a physician, which must be made part of the resident's medical record in the same way as any other order.
(b) DNRs can be appropriately utilized in a facility, provided the following safeguards are employed:
1. Prior to writing a DNR, the attending physician or advanced practice nurse after consultation with the attending physician shall:
i. Discuss the circumstances surrounding his or her decision to enter such an order with the resident, or if the resident is incapacitated, with the resident's surrogate decision-maker or health care proxy, as appropriate;
ii. If a resident has a court appointed guardian, consult with that guardian before the DNR order is written;
iii. If there is no surrogate decision maker, designated proxy, or guardian, the physician or advanced practice nurse shall exercise his or her best professional judgment regarding the order, and may seek consultation with the Ombudsperson or a regional long-term care ethics committee;
iv. Document the above-referenced discussions; and
v. Document the resident's medical history, diagnosis, prognosis as they relate to the DNR.
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS › Section 15A:3-2.6 - Use of "Do Not Hospitalize" orders in facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Do Not Hospitalize" orders ("DNHs") are orders written by a physician or advanced practice nurse in collaboration with a physician, which must be made part of the resident's medical record in the same way as any other order.
(b) DNHs can be appropriately utilized in a facility, provided the following safeguards are employed:
1. Prior to writing a DNH, the attending physician or advanced practice nurse after consultation with the attending physician shall:
i. Discuss the circumstances surrounding his or her decision to enter such an order with the resident, or if the resident is incapacitated, with the resident's surrogate decision-maker or Health Care Proxy, as appropriate;
ii. If a resident has a court appointed guardian, consult with that guardian before the DNH order is written;
iii. If there is no surrogate decision maker, designated proxy, or guardian, the physician or advanced practice nurse shall exercise his or her best professional judgment regarding the order, and may seek consultation with the Ombudsperson or a regional long-term care ethics committee;
iv. Document the above-referenced discussions; and
v. Document the resident's medical history, diagnosis, prognosis as they relate to the DNH;
New Jersey Administrative Code › Title 15A - PUBLIC ADVOCATE › Chapter 3 - RESERVED › Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
OMBUDSPERSON DISCLOSURE CONSENT FORM
In New Jersey, persons over the age of 60 who reside in licensed facilities are fortunate to have an individual appointed by the Governor whose responsibility it is to promote, advocate and ensure the adequacy of care and quality of life you experience. This individual is the Ombudsperson for the Institutionalized Elderly. One of the Ombudsperson's roles is to investigate complaints of abuse and exploitation. Should such a complaint ever arise, this form gives you or your judicially-appointed guardian the power to authorize the release of any findings of any investigation of this nature to the person(s) you or your guardian choose.
In the event of an investigation by the Ombudsperson relating to my care, I hereby authorize the Ombudsperson to release the results of such an investigation to the following person(s):
(1)
Name: ______________________________
Address: ______________________________
______________________________
______________________________
Telephone: ______________________________
(2)
Name: ______________________________
Address: ______________________________
______________________________
______________________________
Telephone: ______________________________
The Ombudsperson shall not be required to disclose the results of any investigation to any person other than me, a guardian appointed for me by a Court, a duly authorized holder of a power of attorney for health care, or the person(s) named on this consent form.
Signed: _______________________ Date: ________________________
Witness: ___________________________________________________
___________________________________________________________
Note: This form is to be completed ONLY by the resident or a judicially-appointed guardian of the person of the resident. Neither a "responsible" party nor a holder of the resident's financial power of attorney has the legal authority to complete this form.
___________________________________________________________
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 1 - GENERAL INFORMATION › Section 16:1A-1.1 - Mission statement of the Department

Current through Register Vol. 56, No. 14, July 15, 2024
The Department of Transportation's mission statement is:
				  "Improving Lives by Improving Transportation."
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 1 - GENERAL INFORMATION › Section 16:1A-1.2 - Organization of the Department

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				of Transportation is organized as indicated in the Organizational Chart found
				at
http://www.state.nj.us/transportation/about/pdf/orgchart.pdf
and the functions and responsibilities of its officers are as follows:
1. The Commissioner of Transportation is the
				Chief Executive Officer of the Department and oversees all functions of the
				Department of Transportation.
i. The Assistant
				Commissioner of Capital Program Management, having the necessary experience and
				a valid New Jersey Professional Engineer's license, is designated the State
				Transportation Engineer;
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 1 - GENERAL INFORMATION › Section 16:1A-1.3 - Department logo

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The official
				logo of the Department of Transportation is proprietary to the Department and
				may not be used by persons, firms, partnerships, corporations, cooperatives,
				organizations, or other entities for any purpose without the written permission
				of the Commissioner.
(b) The logo
				is described as follows: A blue right-facing plain arrowhead which appears
				within a circular white field. Surrounding the white circle is a circular red
				ring which contains letters. The upper half of the ring shows the words
				"Department of Transportation." The lower half of the ring shows the words "The
				State of New Jersey." The letters are shown in white. It appears below in black
				and white.
Data in
				  image
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 1A - ADMINISTRATION, ORGANIZATION, RECORDS MANAGEMENT AND INFORMATION REQUESTS › Subchapter 2 - DEFINITIONS › Section 16:1A-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Custodian of records" or "custodian" means the Supervisor,
				  Records Management or other officer officially designated by formal action of
				  the Department.
"Department" means the New Jersey Department of
				  Transportation.
"Government record" or "record" means any paper, written or
				  printed book, document, drawing, map, plan, photograph, microfilm, data
				  processed or image processed document, information stored or maintained
				  electronically or by sound-recording or in a similar device, or any copy
				  thereof, that has been made, maintained or kept on file in the course of the
				  Department's official business by any officer or employee or that has been
				  received in the course of the Department's official business. The term shall
				  not include inter-agency or intra-agency advisory, consultative or deliberative
				  material or any other information deemed to be confidential or privileged
				  pursuant to
				  47:1A-1 et seq.
"Traffic camera video record" or "video record" means the
				  image or images of traffic information captured and recorded by a video camera
				  on the Department's closed circuit television video system operated and
				  maintained by the Department to manage and monitor traffic operations and to
				  identify traffic operational issues.