New Jersey § 26:2h-7

§ 26:2h-7.

a. An applicant for certification or a certified assisted living administrator, who

is required to undergo a criminal history record background check pursuant to section

3 of this act, shall submit to the commissioner that individual's name, address and

fingerprints taken on standard fingerprint cards by a State or municipal law enforcement

agency. The commissioner is authorized to exchange fingerprint data with and receive criminal

history record information from the Federal Bureau of Investigation and the Division

of State Police in the Department of Law and Public Safety for use in making the determinations

required by this act. b. Upon receipt of the criminal history record information for a person from the Federal

Bureau of Investigation or the Division of State Police, the commissioner shall immediately

notify, in writing, the applicant, and the applicant's employer, if the applicant

is conditionally employed as provided in subsection d. of this section, or the applicant's

prospective employer, if known, or a certified assisted living administrator who is

required to undergo a criminal history record background check pursuant to section

3 of this act and that person's employer, as applicable, of the person's qualification

or disqualification for certification under this act. If the person is disqualified, the conviction or convictions which constitute the

basis for the disqualification shall be identified in the notice to the person, but

shall not be identified in the notice to the person's employer or prospective employer. c. The person who is the subject of the background check shall have 30 days from the

date of the written notice of disqualification to petition the commissioner for a

hearing on the accuracy of the person's criminal history record information or to

establish the person's rehabilitation under subsection e. of section 3 of this act. The commissioner shall notify the person's employer or prospective employer of the

person's petition for a hearing within five days following the receipt of the petition

from the person. Upon the issuance of a final decision upon a petition to the commissioner pursuant

to this subsection, the commissioner shall notify the person and the person's employer

or prospective employer as to whether the person remains disqualified from certification

under this act. d. (1) An applicant for certification may be issued conditional certification and

may be employed as an assisted living administrator conditionally for a period not

to exceed 60 days, pending completion of a criminal history record background check

required under this act by the Division of State Police based upon an examination

of its own files, in accordance with section 7 of P.L.2002, c. 25 ( C.53:1-20.9c ), and for an additional period not to exceed 60 days pending completion of a criminal

history record background check by federal authorities as arranged for by the Division

of State Police pursuant to section 7 of P.L.2002, c. 25 ( C.53:1-20.9c ), if the person submits to the commissioner a sworn statement attesting that the

person has not been convicted of any crime or disorderly persons offense as described

in section 3 of this act. A person who submits a false sworn statement shall be disqualified from certification,

and shall not have an opportunity to establish rehabilitation pursuant to subsection

e. of section 3 of this act. (2) A conditionally employed person or an employed certified assisted living administrator,

who disputes the accuracy of the criminal history record information and who files

a petition requesting a hearing pursuant to subsection c. of this section, may remain

employed until the commissioner rules on the person's petition but, pending the commissioner's

ruling, the person shall not have unsupervised contact with residents at the assisted

living residence or program. e. (1) A licensed assisted living residence or program, as applicable, that has received

an application from or conditionally employs an applicant for assisted living administrator

or employs a certified assisted living administrator, and: (a) receives notice from the commissioner that the applicant or certified assisted

living administrator has been determined by the commissioner to be disqualified from

certification as an assisted living administrator pursuant to this act; or (b) terminates its employment of a conditionally employed applicant for assisted living

administrator or a certified assisted living administrator because the person was

disqualified from employment at the assisted living residence or program on the basis

of a conviction of a crime or disorderly persons offense as described in section 3

of this act after commencing employment at the assisted living residence or program; shall be immune from liability for disclosing that disqualification or termination

in good faith to another licensed health care facility or other entity that is qualified

by statute or regulation to employ the person as a certified administrator. (2) A licensed health care facility or other entity which discloses information pursuant

to paragraph (1) of this subsection shall be presumed to be acting in good faith unless

it is shown by clear and convincing evidence that the health care facility or other

entity acted with actual malice toward the person who is the subject of the information. f. (1) An assisted living residence or program, as applicable, upon receiving notice

from the commissioner that a person employed by it as an assisted living administrator,

including a conditionally employed person, has been convicted of a crime or disorderly

persons offense as described in section 3 of this act after commencing employment

at the assisted living residence or program, shall: (a) immediately terminate the person's employment as an assisted living administrator;

and (b) report information about the termination to the commissioner in a manner prescribed

by the commissioner, who shall thereupon deem the person to be disqualified from certification

as an assisted living administrator, subject to the provisions of subsection c. of

this section. (2) An assisted living residence or program shall be immune from liability for any

actions taken in good faith pursuant to paragraph (1) of this subsection and shall

be presumed to be acting in good faith unless it is shown by clear and convincing

evidence that the assisted living residence or program acted with actual malice toward

the employee.