N.J. Admin. Code § 10:90-9.9

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

Section 10:90-9.9 - Complaints and adjustment procedures

(a) Prompt and courteous attention shall be given to all complaints, whether or not such complaints constitute requests for fair hearings and whether or not they are directed to the county or municipal agency or the DFD. All complaints received shall be acknowledged promptly and, if it is not apparent from the complaint that a fair hearing request has been made, the acknowledgment shall inform the recipient of his or her right to a fair hearing.

(b) Informal efforts to effect an adjustment may be made through field contacts, office interviews with supervisory personnel, consultation with the DFD Field Representative, and so forth. In no event, however, are such informal efforts to be considered as prerequisite to a fair hearing, and in no event do they delay, interfere with or otherwise impede the processing of a fair hearing whenever a request for such is made. Agency emphasis must be on helping the client to prepare and submit his or her request for a fair hearing.

(c) Any clear expression (oral or written) by an applicant or recipient (or person acting for him or her, such as his or her legal representative or relative) to the effect that the individual wants the opportunity to present his or her case to a higher authority constitutes a request for a fair hearing.

(d) A request for a fair hearing may be either oral or in writing and addressed to the county or municipal agency or to the DFD. Oral requests for fair hearings shall be immediately reduced to a written record by the staff person to whom the request is made. No special form of statement or manner of expression is required so long as the request identifies the nature of the complaint and the relief sought. Requests made to the county agency, or to the municipal agency for a State fair hearing, shall be immediately transmitted to the BARA, and in no event later than one business day after receipt of the request.

(e) Upon receipt of any request for a fair hearing, a determination shall be made by BARA on the appropriateness of conducting either an administrative hearing or administrative review (10:6-1.3(b) ). If the matter is deemed contested, BARA will send an acknowledgment of the request to the recipient, along with a copy of the statement entitled "How a Fair Hearing is Conducted," together with a Notice of Status of Continuing Benefits Following Request for a Fair Hearing (Form WFNJ-850). All contested cases will be promptly forwarded to the OAL for a hearing before an ALJ.

N.J. Admin. Code § 10:90-9.9

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).
In (e), added language regarding conducting either an administrative hearing or administrative review; and changed N.J.A.C. reference.