N.J. Admin. Code § 10:90-9.10

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

Section 10:90-9.10 - Time limitations on entitlement to fair hearings (county and municipal)

(a) In WFNJ/TANF, an applicant or recipient has a right to request a fair hearing which relates to a county agency action or lack of action within 90 calendar days of such action or lack of action.

(b) In WFNJ/TANF, if the request for a fair hearing relates to a county agency action or lack of action that occurred more than three months (90 calendar days) prior to the date of the request, there shall be no entitlement to a hearing on such action or lack of action, unless extraordinary and extenuating circumstances, such as, but not limited to, serious illness or injury, exist as determined by the DFD.

(c) In WFNJ/GA, a local hearing shall be held when the request for such hearing is made within 90 calendar days of the mailing date of the notice of adverse action. Requests based on denial of the right to apply are timely if made within 90 calendar days of the contact with the municipal agency. Requests based on lack of a formal response to an application are timely if made within 90 calendar days subsequent to the end of the 30 calendar day processing period.

1. A local hearing shall be convened within 15 calendar days of the date of request. When a local hearing has not been convened within 15 days, the applicant may request and be granted a State fair hearing. In such event, the request for a local hearing is considered canceled but local efforts at reconciliation may and should continue to the maximum extent possible.

2. Any client who wishes to appeal the decision resulting from a local hearing is entitled to request a State fair hearing within 90 calendar days of the mailing date of the local hearing decision. Such request shall be written and may be made to the municipal agency or directly to the DFD. State fair hearing requests pertaining to inaction or delay by the municipal agency shall be processed as emergency fair hearings (see 10:90-9.17 ) as long as the request is made within 15 calendar days of the date of inaction by the municipal agency.

i. When the municipal agency receives a request for a State fair hearing from a client who is dissatisfied with the decision of a local hearing, the municipal agency shall inform the BARA by telephone or Fax on the same day the request is received.

(d) In situations involving the receipt of a notice of denial or termination of emergency assistance, the WFNJ/GA recipient has a right to request a fair hearing provided that such request is made on or before the effective date of the EA termination or within 90 calendar days of the personal delivery receipt date of a denial notice. Such appeals shall be resolved through the State level fair hearing procedure.

1. When a fair hearing is requested because of receipt of an EA termination notice and such request is made on or before the effective date of the EA termination, EA shall continue unaltered until the fair hearing is held and a final decision is rendered by the Director of DFD.

N.J. Admin. Code § 10:90-9.10

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).
Substituted "90" for "10" preceding "calendar days" throughout.