N.J. Admin. Code § 10:155-1.17

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

Section 10:155-1.17 - Appeal process

(a) The following applies to the appeals:

1. Upon receipt of a determination by the State Office, an applicant who disputes that determination may appeal to the Catastrophic Illness in Children Relief Fund Commission by filing a written appeal to:

New Jersey State Department of Human Services

Catastrophic Illness in Children Relief Fund Commission

PO Box 0728

Trenton, NJ 08625-0728

Attn: Chairperson

2. Appeals must be postmarked and mailed to the above address no later than 30 days from the date of notice of the determination made by the State Office. The Commission may waive the deadline for cause.

3. The written appeal shall include all reasons and grounds for disputing the determination made by the State Office and all proof and documentation in support of the appeal.

4. The Commission shall conduct such review and analysis as is necessary to reach a decision on the appeal. At its discretion, the Commission may direct a conference to be convened with the applicant, or may refer the matter to the Office of Administrative law 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.

5. Except for appeals referred to the Office of Administrative Law, the Commission shall render a decision on the appeal within 180 days from the date of original receipt of the appeal. Appeals referred to the Office of Administrative Law shall be decided by the Commission within 45 days from the date of filing of the Initial Decision of the Administrative Law Judge, or at such later date as permitted by law.

6. A decision made by the Commission shall be final. It may be appealed to the Superior Court of New Jersey as permitted by court rules.

(b) Unless otherwise specifically ordered by the Commission, an applicant may not receive benefits from the Catastrophic Illness in Children Relief Fund while an appeal is pending at any level.

N.J. Admin. Code § 10:155-1.17

Amended by R.1991 d.595, effective 12/16/1991.
See: 23 N.J.R. 2564(a), 23 N.J.R. 3754(b).
Appeal deadline extended to 30 days; waiver permitted for cause.
Amended by R.1994 d.572, effective 11/7/1994.
See: 26 N.J.R. 3573(a), 26 N.J.R. 4380(a).
Amended by R.1995 d.608, effective 12/4/1995.
See: 27 N.J.R. 3554(a), 27 N.J.R. 4890(b).
Amended by R.1998 d.504, effective 10/19/1998.
See: 30 N.J.R. 2562(a), 30 N.J.R. 3837(a).
In (a)5, substituted a reference to 180 days for a reference to 90 days in the first sentence.
Amended by R.2004 d.352, effective 9/20/2004.
See: 36 N.J.R. 2974(a), 36 N.J.R. 4314(a).
In (a), amended the address in 1.
Amended by R.2010 d.032, effective 5/17/2010.
See: 41 N.J.R. 3360(a), 42 N.J.R. 937(a).
In (a)2, substituted "postmarked and mailed to" for "received at".