N.J. Admin. Code § 10:140-3.11

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:140-3.11 - Hearings and appeals

(a) Administrative hearings under this chapter shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

1. A request for an administrative hearing shall be denied to a consumer who disputes an involuntary suspension, involuntary termination or reduction of services resulting from a State mandated reduction in funds to the county designated agency, unless the request is based on a claim of incorrect computation or misapplication by the county designated agency.

2. A consumer who has maxed out his or her eligibility for service under N.J.A.C. 10:140-2.1(a)1 or 8 shall not be eligible for a fair hearing, unless the consumer raises a challenge to a material fact.

3. In the event that an administrative hearing request is based on a claim that the level of services awarded was computed incorrectly or misapplied as a result of a State mandated reduction in funds, the consumer shall be permitted a stay of an adverse agency action pursuant to N.J.A.C. 10:140-3.10(e).

(b) An administrative hearing may be requested by calling or writing to the:

State Program Administrator

Personal Assistance Services Program

Division of Disability Services

PO Box 705

Trenton, New Jersey 08625-0705

1-888-285-3036

(c) In all cases, an administrative hearing must be requested within 30 days of receiving the adverse agency decision noted in N.J.A.C. 10:140-3.10.

(d) Upon receipt of a request for an administrative hearing, the Administrative Hearings Coordinator will then forward the request to the Office of Administrative Law, the State agency responsible for conducting the administrative hearings process.

(e) Upon completion of the administrative hearings process, a final decision regarding the matter in dispute shall be rendered by the director of the designated State agency.

(f) If the applicant or eligible consumer objects to the final decision made in accordance with (e) above, an appeal may be sought pursuant to the New Jersey Court Rules.

N.J. Admin. Code § 10:140-3.11

Amended by 48 N.J.R. 1818(b), effective 9/6/2016

Amended by 56 N.J.R. 261(a), effective 2/20/2024