N.J. Admin. Code § 17:4-1.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 17:4-1.7 - 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:

"If the member disagrees with the determination of the Board, the member 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 the member's disagreement with the Board's determination and shall include any relevant documentation supporting the claim. If no such written statement is received within the 45-day period, the determination by the Board shall be final."

(b) The Board shall determine whether to grant an administrative hearing based upon the standards for a contested case hearing set forth the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1 et seq.

(c) Administrative hearings will be conducted by the Office of Administrative Law pursuant to the provisions of N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1-1.

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

(e) If the granted appeal involves solely a question of law, the Board may retain the matter and issue a final administrative 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.

N.J. Admin. Code § 17:4-1.7

Amended by R.2001 d.66, effective 2/20/2001.
See: 32 N.J.R. 4060(a), 33 N.J.R. 684(a).
Rewrote the section.
Amended by R.2011 d.235, effective 9/6/2011.
See: 43 N.J.R. 1177(a), 43 N.J.R. 2364(b).
Inserted designation (a) at the beginning of introductory paragraph; in (a), substituted "Board's" for "Boards"; in the statement following (a), deleted designation (a) from the beginning, enclosed the statement in quotation marks, and substituted "the member" for "you" twice, "disagrees" for "disagree", "the member's" for the first occurrence of "your" and "the" for "your" preceding "claim"; and in (e), deleted an end quote from the end.