N.J. Admin. Code § 1:10-12.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 1:10-12.2 - Emergency fair hearings in TANF or General Assistance cases

(a) When DFD determines that a request for hearing should be scheduled as an emergency fair hearing:

1. DFD shall notify the Office of Administrative Law of the hearing request on the same day as the request is received.

2. The case shall be scheduled by the Office of Administrative Law for a hearing within three days after notification of the hearing request is received.

3. Notice of the time, date, and place of the hearing shall be transmitted to DFD within one day after the Office of Administrative Law is notified of the hearing request. DFD shall prepare the OAL transmittal form and notify the CWA or MWD, the petitioning applicant/recipient, or the petitioner's representative of the scheduled hearing on the day that it receives notification of the hearing time and place.

4. The judge shall issue an initial decision no later than the day following the date of the hearing. A copy of the decision shall be transmitted to the Director of the DFD and the parties by an expeditious method designed to ensure receipt no later than the day following the date of the decision.

5. The petitioning applicant/recipient, his or her representative or the CWA or MWD may, by telephone, make exception or objection to the initial decision, to the DFD no later than the first day following the issuance of the initial decision.

6. The Director of the DFD shall issue a final decision no later than three days following the date the initial decision is received which shall accept, reject or modify the initial decision. On the date the final decision is issued, the DFD shall notify the CWA or MWD, the Office of Administrative Law and the petitioner or the petitioner's representative of the final decision and any relief ordered shall be provided on the date notice of the decision is received.

N.J. Admin. Code § 1:10-12.2

Amended by47 N.J.R. 1310(a), Effective 6/15/2015