N.J. Admin. Code § 10:69-6.12

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:69-6.12 - Disposition of hearing request through withdrawal, abandonment, or settlement

(a) Prior to transmittal to OAL, if a party desires that a hearing request be withdrawn, that party shall notify the CWA or DMAHS in writing of the withdrawal request. DMAHS shall in turn acknowledge, in writing, receipt of the withdrawal request. No CWA shall deny or dismiss a request for a fair hearing. The determinations on the validity of each hearing request shall be made by the DMAHS including any determination on the appropriateness of processing hearing requests pursuant to this subchapter.

(b) The filing of a request for a fair hearing shall not of itself preclude continued effort to accomplish corrective action, settlement, or any other agreement through informal procedures. Any withdrawal or abandonment or any settlement or agreement reached, subsequent to the transmittal of the case to the OAL, shall be processed according to N.J.A.C. 1:1, including any Rules of Special Applicability which may apply to disposition by settlement or withdrawal.

Amended by 49 N.J.R. 3729(a), effective 12/4/2017