N.J. Admin. Code § 17:7-21.1

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

Section 17:7-21.1 - Appeal from Division decisions

(a) An Alternate Benefit Program participant may appeal a preliminary administrative determination from the Division by submitting a written statement to the Director of the Division within 45 days after the date of written notice of the determination. The Director of the Division shall reply to an appeal within 45 days with a written administrative determination.

(b) An Alternate Benefit Program Retirement Plan participant may appeal the initial administrative determination of the Director of the Division, in writing, within 45 days from the date of the Director's determination. If no such written statement is received within the 45-day period, then the Director's initial administrative determination shall be considered a final administrative determination.

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

"If you disagree with the determination of the Division of Pensions and Benefits in this matter, you may appeal by sending a written statement to the Division of Pensions and Benefits within 45 days from the date of this letter, informing the Division of Pensions and Benefits of your disagreement and all of the reasons therefor. If no such written statement is received within the 45-day period, this determination shall be considered final."

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

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

2. If the granted appeal involves solely a question of law, the Division 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 Division's final determination may be appealed to the Superior Court, Appellate Division.

3. If the granted appeal involves questions of fact, the Division shall submit the matter to the Office of Administrative Law.

N.J. Admin. Code § 17:7-21.1

Amended by 47 N.J.R. 905(b), effective 5/4/2015.