N.J. Admin. Code § 10:90-9.3

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

Section 10:90-9.3 - Right to a fair hearing

(a) It is the right of every applicant for or recipient of WFNJ adversely affected by an action of a county or municipal agency to be afforded a fair hearing in a manner established by the rules in this subchapter, by the Uniform Administrative Procedure Rules (N.J.A.C. 1:1) and N.J.A.C. 1:10, Family Development Hearings. These rules have been established pursuant to Federal regulations, and the New Jersey Administrative Procedure Act (52:14B-1 et seq.).

(b) County or municipal agency actions which adversely affect an applicant or recipient include any action, inaction, refusal of action, or unduly delayed action with respect to program eligibility, including denial, termination or suspension of benefits, adjustment in the level of benefits or work requirements, or designation of a protective payee.

(c) No fair hearing will be granted when either State or Federal legislative action which affects all or part of a recipient population results in the reduction or termination of assistance, unless the reason for an individual appeal is incorrect grant computation.

(d) The notification of the right to a fair hearing shall be incorporated in or attached to each adverse action notice (denial, termination, reduction, suspension). The notice shall include an explanation of how to request a fair hearing, time limits on requesting a hearing, the right to examine evidence and the circumstances under which benefits are continued unreduced.

(e) When a request for a fair hearing is made within 15 calendar days from the date of mailing of a notice of termination, suspension or reduction, benefits shall be continued at an unreduced level until the scheduled date of the administrative hearing or the date of the administrative review, unless the recipient waives such entitlement or requests postponement of the scheduled hearing or review date. When a fair hearing is requested because of a notice regarding a three-month progressive sanction and such request is made before the date of the case closure, benefits shall continue unaltered. In the event the recipient elects to receive continued benefits, they shall be continued unreduced pending a final decision.

(f) An adjournment of a hearing at the request of a recipient shall not prolong continuation of benefits at an unreduced level, unless the adjournment is due to: delay caused by the DFD, OAL or the county/municipal agency; unavoidable causes, such as an illness on the part of the recipient or the failure of the agency to provide transportation when such assistance is required by regulations. Adjournment at the request of the county/municipal agency or by the ALJ shall not affect continued benefits.

N.J. Admin. Code § 10:90-9.3

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a).
(b)1 was merged with existing (b).
Special amendment, R.2008 d.182, effective 6/3/2008.
See: 40 N.J.R. 4232(a).
In (e), inserted the second sentence.