N.J. Admin. Code § 10:95-19.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:95-19.3 - Fair hearing

(a) Upon receipt of a request for a fair hearing, the Executive Director shall notify the client, parent, guardian, advocate or legal representative within 10 days whether the matter shall be disposed of, pursuant to (a)1 or 2 below.

1. If the Executive Director determines that the request for a fair hearing represents a contested case or a vocational rehabilitation client or their parent or guardian requests a fair hearing, the matter is immediately forwarded to the Office of Administrative Law pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 and the special rules for vocational services pursuant to N.J.A.C. 1:12C. The Executive Director shall advise the claimant, parent or guardian by registered mail.

2. If the Executive Director determines that the request for a fair hearing represents a non-contested case, the Executive Director shall issue a final decision and forward this decision by registered letter to the claimant, parent or guardian. The letter shall contain a statement that any further appeal of this decision shall be made to the Appellate Division of the Superior Court of New Jersey.

N.J. Admin. Code § 10:95-19.3