N.J. Admin. Code § 10:90-11.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:90-11.5 - Administrative disqualification hearing procedures

(a) Administrative disqualification hearings will be conducted in accordance with the requirements of this section, and with those stipulated under N.J.A.C. 1:1 and 1:10. OAL will assign an administrative law judge (ALJ) to preside over the hearing.

(b) Administrative disqualification matters shall be transmitted by DFD to the OAL for the purpose of conducting a hearing pursuant to N.J.A.C. 1:1 and 1:10.

(c) The final decision shall be made by the Director of DFD based on the hearing record, and shall comply with Federal and State law and regulations.

(d) The hearing record shall be retained for a period of three years. This record shall be available to the WFNJ assistance unit, or its representative, at any reasonable time for copying and/or inspection.

(e) Within 90 calendar days of the date the individual is notified in writing that an administrative disqualification hearing has been scheduled, the hearing shall be conducted and a decision shall be rendered.

(f) The county or municipal agency shall provide advance written notice of the hearing to the individual suspected of IPV at least 30 calendar days in advance of the date an administrative disqualification hearing has been scheduled. The notice shall be mailed by certified mail-return receipt requested or served in person by a WFNJ representative. In the event that the individual refuses to accept delivery of the advance notice and the mail receipt notes that fact, the receipt will be accepted as proof of notice served. The certified letter shall be clearly marked "deliver to addressee only" in order to ensure that notice is served to the correct individual. A return receipt for certified mail which contains the signature of an individual other than the person addressed is insufficient evidence that proper advance notice was given. Letters sent by certified mail which are returned to the county or municipal agency with notations such as "unclaimed" or "undeliverable" offer no proof that advance requirements have been met. The advance notice shall contain at a minimum:

1. The date, time, and location of the hearing;

2. The charge(s) against the individual;

3. A summary of the evidence, and how and where the evidence can be examined;

4. A warning that the decision will be based solely on information provided by the county or municipal agency if the individual fails to appear at the hearing without good cause;

5. A statement that the individual, or his or her representative, will have 10 calendar days from the date of the scheduled hearing to present good cause to DFD or the county or municipal agency for failure to appear, in order to receive a new hearing;

6. A warning that a determination of IPV will result in a six-month disqualification for the first violation, 12-month disqualification for the second violation, and permanent disqualification for the third violation, and a statement of which penalty the county or municipal agency believes is applicable to the case at the time of scheduling of the hearing;

7. A listing of the individual's rights as provided under N.J.A.C. 1:10;

8. If there is an individual or organization available that provides free legal representation, the notice shall advise the assistance unit member of the availability of that service;

9. A statement that the individual may request a postponement of the hearing provided that such request is made to the OAL at least 10 calendar days in advance of the scheduled hearing;

10. An explanation that the individual may waive his or her right to appear at the administrative disqualification hearing as provided in 10:90-11.4;

11. A statement of the accused individual's right to remain silent concerning the charge(s) and that anything said or signed by the individual concerning the charge(s) may be used against him or her in a court of law; and

12. A statement which informs the assistance unit of its right to obtain, upon request, a copy of the State agency's published hearing procedures.

(g) The time and place of the hearing shall be arranged so that the hearing is accessible to the individual suspected of IPV (see 10:90-9.5(a)5 ).

(h) If the individual is found to have committed IPV but a determination is subsequently made that the individual or his or her representative had good cause for not appearing, the previous decision shall no longer remain valid. The individual has 10 calendar days from the date of the scheduled hearing to present reasons indicating a good cause for failure to appear. If good cause for failure to appear is established, a new hearing shall be conducted. The ALJ who originally ruled on the case may conduct a new hearing. The ALJ shall enter the good cause decision into the hearing record.

(i) Medical assessments, which may either corroborate or disprove an accused individual's statements, shall be obtained at county or municipal agency expense and made part of the record if the ALJ considers it necessary.

N.J. Admin. Code § 10:90-11.5

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).
Amended by R.2003 d.226, effective 6/16/2003.
See: 34 New Jersey Register 2713(a), 35 New Jersey Register 2670(a).
In (g), added the N.J.A.C. reference.
Amended by R.2004 d.292, effective 8/2/2004.
See: 36 New Jersey Register 1695(a), 36 New Jersey Register 3545(a).
In (f), inserted "or served in person by a WFNJ representative" after "requested" in the second sentence of the introductory paragraph.