N.J. Admin. Code § 18:35-10.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 18:35-10.6 - Administrative resolution; claimant agency proceedings

(a) No later than 45 days from the date of the Division's notice to the alleged debtor of the proposed setoff, the claimant agency shall notify the Division of any request by the alleged debtor for administrative resolution or for a hearing or of the satisfaction of the alleged debt. Such information shall allow the Division to:

1. Maintain the account on a hold status if an administrative resolution or a hearing has been requested;

2. Setoff the alleged debt from the refund or rebate where the alleged debtor does not respond to the notice provided pursuant to 18:35-10.5 within 35 days of the notice date; or

3. Release the refund or rebate check to the debtor if the debt has been satisfied.

(b) Upon written request of the claimant agency, the Division shall extend the hold status of an affected refund or rebate until a final decision by the claimant agency in order to accommodate the hearing process, if:

1. The Division has been notified that administrative resolution or a hearing has been requested pursuant to (a)1 above; and

2. A 30-day administrative resolution period provided pursuant to 1:1-5.4(b) has failed to result in a final agreement. The period for administrative resolution begins when the claimant agency receives a timely request for administrative resolution or a hearing.

(c) Five days after the close of the period for administrative resolution, the Division shall automatically release the affected refund or rebate, unless notified in writing by the claimant agency that:

1. Administrative resolution of the matter has been accomplished pursuant to 1:1-5.4(a) and the agency has certified to the Division that the debtor has acknowledged the validity of the debt and setoff; or

2. The claimant agency has transmitted the matter as a contested case to the Office of Administrative Law pursuant to 52:14B-1 et seq. and 52:14F-1 et seq. and the Division has been notified of the docket number of the proceeding.

N.J. Admin. Code § 18:35-10.6

Amended by 48 N.J.R. 295(a), effective 2/16/2016