N.J. Admin. Code § 10:7-8.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 10:7-8.2 - Procedures for appeals from sanctions

(a) The governing body of each county shall be afforded an opportunity to appeal any section imposed. Appeals will not be expected to resolve issues that have policy implications or broader applicability. There are two levels of appeal available:

1. Level 1: A request for a Level 1 appeal will be considered timely filed if it is submitted in writing to the DHS, Director, Office of Finance within 30 days of receipt of the State applied sanctions.

i. The first level of appeal represents an informal administrative process. The appeal will be heard by appropriate staff of the Office of Finance of DHS within 60 days of receipt.

ii. The county should be prepared to present such substantiating materials as may be required for an informal discussion of the subject matter.

iii. This level of appeal will attempt to reach equitable resolutions of the matters under dispute.

iv. Notice of the decision relating to the first level of appeal will be provided to the county governing body and the county adjuster when the Level 1 appeals process is completed.

2. Level 2: If the county is not satisfied with the results of the first level of appeal, a second level may be requested. A request for a Level 2 appeal will be considered timely filed if it is submitted in writing to the Commissioner within 60 days of receipt of notification of results of the Level I appeal.

i. The second level appeal will be heard by a panel of representatives from the DHS consisting of the Commissioner or designee, the Assistant Commissioner of Budget, Finance, Administration and Real Estate or designee, and the Director(s) of the Division(s) appropriate to the subject under dispute or designee(s). The Department will schedule an appropriate time and place for the panel to hear the appeal within 60 days of receipt.

ii. Notice of the decision relating to the second level of appeal will be provided to the county governing body and the county adjuster when the Level 2 appeals process is completed.

(b) Any financial adjustments resulting from an appeal will be determined during the appeals process and depend on the specific situation.

(c) The date of submission is defined as the date received by the Department.

N.J. Admin. Code § 10:7-8.2

Amended by R.2003 d.96, effective 3/3/2003.
See: 34 New Jersey Register 3181(a), 35 New Jersey Register 1276(a).
In (a)2i, substituted "Assistant Commissioner of Budget, Finance, Administration and Real Estate" for "Assistant Commissioner of Budget, Finance and Administration".