N.J. Admin. Code § 17:3-1.7

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:3-1.7 - Appeal from Board decisions

(a) The following statement shall be incorporated in every written notice setting forth the Board's determination in a matter where such determination is contrary to the claim made by the claimant or the claimant's legal representative:

1. "If you disagree with the determination of the Board, you may appeal by submitting a written statement to the Board within 45 days after the date of written notice of the determination. The statement shall set forth in detail the reasons for your disagreement with the Board's determination and shall include any relevant documentation supporting your claim. If no such written statement is received within the 45-day period, the determination by the Board shall be final."

2. Upon receipt of a member's written appeal, the Board shall determine whether to grant an administrative hearing based upon the standards for a contested case hearing set forth in the Administrative Procedure Act, 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

3. Administrative hearings shall be conducted by the Office of Administrative Law pursuant to the provisions of 52:14B-1 et seq., and 52:14F-1 et seq., and N.J.A.C. 1:1.

4. If the granted appeal involves solely a question of law, the Board may retain the matter and issue a final determination which shall include detailed findings of fact and conclusions of law based upon the documents, submissions and legal arguments of the parties. The Board's final determination may be appealed to the Superior Court, Appellate Division.

5. If the granted appeal involves a question of facts, the Board shall submit the matter to the Office of Administrative Law.

6. The Director of the Division of Pensions and Benefits is authorized to grant or deny requests to extend the time allowed for exceptions and replies, and to seek extension of the time for a Board to render a final administrative decision adopting, rejecting, or modifying an initial decision.

N.J. Admin. Code § 17:3-1.7

Amended by 47 N.J.R. 2876(a), effective 11/16/2015