N.J. Admin. Code § 3A:5-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 3A:5-4.1 - General provisions

(a) A request for an administrative hearing shall be made in accordance with N.J.A.C. 3A:5-2.5.

(b) The written request for an administrative hearing shall be specific as to the exact nature of the Division action in dispute. The Division representative shall help the appellant express his or her request, as necessary.

(c) Upon receipt of a request for an administrative hearing, the Administrative Hearings Unit may request information from the appellant in order to make a determination as to whether material facts are in dispute. When such information is received, the Administrative Hearings Unit shall make a record thereof and determine whether the appellant is entitled to an administrative hearing in accordance with N.J.A.C. 3A:5-4.3.

(d) If the appellant is eligible for an administrative hearing, the AHU shall transmit the case to the OAL for an administrative hearing in accordance with N.J.A.C. 1:1-4.1 and 8.1.

(e) If the appellant is not eligible for an administrative hearing for reasons other than the absence of material disputed facts, the AHU shall notify the appellant of this determination within 10 business days of making the determination, as well as provide the appellant with information concerning other appeal avenues which may be available.

N.J. Admin. Code § 3A:5-4.1

Amended by R.2003 d.274, effective 7/7/2003.
See: 34 N.J.R. 2768(a), 35 N.J.R. 2915(b).
In (a), amended the N.J.A.C. reference; rewrote (d); in (e), deleted "deemed" preceding "eligible"; in (f), inserted "for reasons other than the absence of material disputed facts" following "administrative hearing" and substituted "making the determination" for "receiving the request" following "within 10 business days of".
Amended by R.2009 d.17, effective 1/5/2009.
See: 40 N.J.R. 3917(a), 41 N.J.R. 242(a).
In (b), inserted "written" and "representative" and deleted "or agency decision" following "action"; deleted former (c); recodified former (d) through (f) as (c) through (e); and in (c), substituted "may" for "shall" and substituted "When such information is received, the" for "The" at the beginning of the second sentence.