N.J. Admin. Code § 10:90-9.13

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

Section 10:90-9.13 - Disposition of hearing request through withdrawal, abandonment or settlement

(a) Prior to transmittal to the OAL, if an applicant/recipient desires that a hearing request be withdrawn, that individual shall notify the county or municipal agency or the DFD of the withdrawal request. The DFD shall request, but not require, that a decision to withdraw be confirmed in writing. The DFD shall in turn acknowledge, in writing, receipt of the withdrawal request.

(b) No county or municipal agency shall deny or dismiss a request for a State fair hearing. The determination on the validity of each hearing request shall be made by the DFD, including any determination on the appropriateness of processing hearing requests pursuant to 10:6-1.3.

(c) The filing of a request for a fair hearing shall not of itself preclude continued efforts to accomplish corrective action, settlement, adjustment 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. 1:1-1 including any Rules of Special Applicability which may apply to disposition by settlement or withdrawal.

(d) In instances of local agency hearings pursuant to 10:90-9.4, if an applicant/recipient of WFNJ/GA or his or her representative fails to appear for a scheduled hearing without giving proper notice, a notice of abandonment shall be sent by the county or municipal agency confirming the applicant/recipient's failure to appear on the date scheduled and inviting him or her to submit an excuse, in writing or by telephone, for nonappearance within three business days if another scheduling is desired. If no reply is received after three business days, no further hearing date shall be established.

1. Proper notice, in both WFNJ/TANF and GA, shall mean that notice is received by the county or municipal agency, the DFD, or OAL, as appropriate, not later than the scheduled date of the hearing, that the applicant/recipient will be unable to attend for unavoidable cause. If a WFNJ/GA client fails to appear for a local hearing and so advises the county or municipal agency, the hearing shall be adjourned and rescheduled.

N.J. Admin. Code § 10:90-9.13

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).
In (d), added "In instances of local agency hearings pursuant to N.J.A.C. 10:90-9.4, if" to beginning of paragraph.