N.J. Admin. Code § 10:161B-2.13 - Waiver

(a) An applicant for licensure or a current licensee may seek a waiver of one or more provisions of this chapter, provided that the applicant or licensee demonstrates that compliance represents an unreasonable hardship for the applicant or licensee, and such a waiver is determined by DCN&L to be consistent with the general purpose and intent of its enabling statute and these rules; is consistent with prevailing DCN&L public policy; and would not otherwise jeopardize recovery, endanger the life, safety, health, or welfare of the client populations to be served, their families, personnel who work or would work at the program, or the public.
(b) An applicant or a current licensee seeking a waiver shall submit the request, in writing, to the address set forth at N.J.A.C. 10:161B-2.1(b), and shall include the following:
1. The specific rule(s) for which a waiver(s) is requested;
2. The specific reason(s), justifying the waiver, including a statement of the type and degree of hardship that would result if the waiver were not granted;
3. An alternative proposal to ensure the safety of clients and staff, client families, and the public, as appropriate;
4. Specific documentation to support the waiver request and all assertions made in the request;
5. A statement addressing how the waiver would fulfill the purpose and intent of this chapter; and
6. Such other additional information that DCN&L may determine necessary and appropriate for evaluation and review of the waiver request on a case-by-case basis, including timeframes in which the waiver will no longer be needed; DCN&L shall determine whether the requested timeframes are reasonable.
(c) DCN&L, at its discretion, shall grant a retroactive waiver for a period of up to 21 days.
(d) DCN&L may revoke a waiver at any time if DCN&L determines that the waiver no longer fulfills the purpose and intent of this chapter, or that continuing the waiver would jeopardize client recovery or endanger the life, safety, health, or welfare of the client, personnel, or the public.


N.J. Admin. Code § 10:161B-2.13
Amended by 48 N.J.R. 2791(a), effective 12/19/2016 Amended by 55 N.J.R. 2346(a), effective 11/20/2023

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