New Jersey § 26:2h-14

§ 26:2h-14.

Any person, firm, partnership, corporation or association who shall operate or conduct

a health care facility without first obtaining the license required by this act, or

who shall operate such health care facility after revocation or suspension of license,

shall be liable to a penalty of not more than $2,500 as provided for by regulation for each day of operation in violation hereof for the

first offense and $5,000 for any subsequent offense. Any person, firm, partnership, corporation or association who violates any rule

or regulation adopted in accordance with this act as the same pertains to the care

of patients and physical plant standards shall be subject to a penalty of not more

than $5,000 as provided for by regulation for each day that he is in violation of such rule or

regulation. Upon notification to the facility of such violations as pertain to the care of patients

or to the hazardous or unsafe condition existing in or upon the structure in which

the licensed facility is maintained, the commissioner shall allow the facility 72

hours in which to correct any such violation and if at the end of such period the

violation is not corrected and it poses an imminent threat to the health, safety or

welfare of the public or the residents of the facility, he may, in his discretion,

summarily suspend the license of the facility without a hearing and may order immediate

correction of such violation as a prerequisite of reinstatement of licensure. If a licensee that is subject to summary suspension shall deny that a violation

exists or has occurred, he shall be have the right to apply to the commissioner for

a hearing. Such hearing shall be held and a decision rendered within 48 hours of receipt of

said request. If the commissioner shall rule against the licensee, the licensee shall have the

right to apply for injunctive relief against the commissioner's order. Jurisdiction of such injunctive relief shall be in the Superior Court of New Jersey. Nothing herein shall be construed to prevent the commissioner from thereafter suspending

or revoking the license in accordance with the procedure set forth in section 13. If, within one year after such violation such person, firm, partnership, corporation

or association is found guilty of the same violation such penalties as hereinbefore

set forth shall be doubled, and if there be a third violation within such time, such

penalties shall be tripled. In addition thereto the department may, in its discretion, suspend the license for

such time as it may deem proper or revoke said license. Any person, firm, partnership, corporation or association who shall, except in cases

of an emergency, maintain more patients in his premises than he is licensed so to

do, shall be subject to a penalty, in accordance with the procedure set forth in section

13, in an amount equal to the daily charge collected from such patient or patients

plus $25.00 for each day each extra patient is so maintained.