N.J. Admin. Code § 8:33-4.7

Current through Register Vol. 56, No. 19, October 7, 2024

Section 8:33-4.7 - Deferral of applications

(a) An applicant may request in writing a deferral for up to a total of six months for an individual application that is not competitive or comparatively reviewed. If the applicant fails to notify the Department in writing to reactivate the application within this time frame, a new application shall be required. An applicant may not defer an application submitted in a competitive or comparatively reviewed batch. If the applicant does not wish to proceed in the review process, the application shall be withdrawn.

(b) The State Health Planning Board or the Department may defer an individual certificate of need application where the application is not competitive or comparatively reviewed with other applications. Where projects are competitive or comparatively reviewed, the State Health Planning Board or the Department may defer the entire batch or only those projects which are competitive or comparatively reviewed. The basis for any deferral shall be specified in writing to the applicant. The period of deferral of an individual certificate of need application, all projects in a batch which are competitive or comparatively reviewed, or an entire batch of certificate of need applications may not exceed six months.

(c) An applicant may revise the deferred project costs to account for inflation and may be requested by the Department to submit additional updated information prior to reactivation of the application.

1. Reactivated applications with no changes or with only a change in cost may continue in the review process from the point of deferral.

2. Reactivated applications with any change in project scope shall be treated as a new application and shall follow the review process beginning with submission of the application to the Department, except that if the application is modified in a non-substantive way, that is, if the modification were proposed separately, it would either not require certificate of need review or would require only an expedited review, the application may continue from the point of deferral.

(d) The Department shall not accept any requests for a deferral from the applicant once the State Health Planning Board has made its recommendation.

N.J. Admin. Code § 8:33-4.7

Amended by R.2002 d.243, effective 8/5/2002.
See: 34 New Jersey Register 458(a), 34 New Jersey Register 2814(a).
Rewrote the section.