N.J. Admin. Code § 10:90-9.5

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

Section 10:90-9.5 - Responsibilities of the county/municipal agency in processing hearing requests

(a) To assure orderly and expeditious processing of complaints and hearing requests, each county agency will designate a liaison between the agency and the DFD whose duties shall include, but not be limited to, the following. These duties shall likewise apply to the municipal agency director when a WFNJ/GA recipient has requested a State fair hearing under the circumstances listed in 10:90-9.10.

1. Informing the Bureau of Administrative Review and Appeals (BARA) by telephone or FAX on the same day in which an oral or written request for a hearing is received, providing BARA with the following information:

i. The case number and the applicant/recipient's name and address;

ii. The date the request was received;

iii. The nature of the contested action;

iv. The date of the action; and

v. The reason for the action;

2. Establishing a system to assure that every written request for a hearing received in the county or municipal agency is stamped with the date of receipt and forwarded to BARA within one business day of the date;

3. Reviewing incoming requests for possible corrective action prior to hearing;

4. Identifying and arranging for participation of individuals or staff who are essential to a hearing, and assembling all records relevant to a hearing and arranging for an interpreter when the client is non-English speaking, or informing the DFD that services for the visually or hearing impaired will be required at the hearing;

5. Contacting the applicant/recipient or his or her legal or authorized representative not less than two days prior to a hearing to confirm attendance and arranging for transportation by agency staff and vehicles or otherwise at agency expense, when no other reasonable means of transportation is available;

6. Submitting special reports on hearing requests prior to the hearing date, when requested by BARA;

7. Submitting reports on implementation of fair hearing decisions as soon as such action is taken;

8. Serving as the single individual in the county or municipal agency to be contacted regarding matters relating to hearings and the monitoring system; and

9. Informing the individual who is requesting a hearing that, if the hearing decision is favorable to him or her, assistance will be reinstated retroactive to when it was suspended, reduced or terminated; or, in the case of a denial of assistance, paid retroactively to the date of application or the date on which eligibility was established, as appropriate.

N.J. Admin. Code § 10:90-9.5

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).
Recodified (b) to (a)9.