N.J. Admin. Code § 10:44D-6.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:44D-6.2 - Central Registry of Offenders Against Individuals with Developmental Disabilities appeals

(a) In addition to the option of an informal hearing, as set forth in 10:44D-6.1, a person who is to be placed on the Central Registry may also request a hearing before the Office of Administrative Law pursuant to the Administrative Procedure Act, 52:14B-1 et seq., in order to appeal the Commissioner's decision. This request for an Office of Administrative Law hearing shall be made in writing within 30 calendar days of the mailing of the Department's notification of intent to place the individual on the Central Registry.

(b) A person requesting an appeal shall use information found on the notification to prepare a written request. The written request shall be delivered to the Administrative Practice Officer of the Office of Legal, Regulatory and Guardianship Services within 30 calendar days of the receipt of the notice and shall include the following items:

1. Date the request for appeal is written;

2. The Unusual Incident Report number issued by the Critical Incident Management Unit upon which the decision to place on the Central Registry was made;

3. The full name of the person identified as the substantiated perpetrator;

4. The reason the person is requesting the appeal and an explanation of why the person believes the substantiated determination is inappropriate;

5. The person's current name (if it has changed from the name noted in (b)3 above);

6. The person's current street address, city, state, zip code and telephone number; and

7. The person's signature.

(c) The Administrative Practice Officer shall transmit to the Office of Administrative Law, as contested cases, all appeals that present matters of fact or law upon which a decision may be rendered, for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq. The Department shall include on the Central Registry the fact that the individual has filed an appeal and that a final judicial determination is pending.

(d) Upon exhaustion of all administrative remedies afforded by the Administrative Procedure Act, 52:14B-1 et seq., the Commissioner's Final Decision may be appealed to the Appellate Division of the Superior Court. Upon supplying the Department with verification that such an appeal has been filed, the Department shall include on the Central Registry the fact that the individual has filed an appeal and that a final judicial determination is pending.

N.J. Admin. Code § 10:44D-6.2