N.J. Admin. Code § 8:133-6.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:133-6.5 - Financial Entitlement Unit's review

(a) The review shall be conducted by an employee at the supervisory level or above designated as a reviewing officer, other than the person who made the original eligibility determination. Such reviewing officer shall be thoroughly familiar with the requirements of the Interim Assistance program and relevant Social Security Administration regulations.

(b) The review shall be conducted in an informal manner and shall be limited to the development of facts relating to the appeal.

(c) Only those persons whose presence or testimony are essential, that is, persons presenting testimony and persons appearing under 10:38-6.4(b), shall be permitted to attend the review.

(d) The reviewing officer shall determine eligibility for Interim Assistance solely upon the documents and testimony submitted to him or her at the time of the review.

(e) The reviewing officer may, during the review, grant a continuance to the client if it appears in good faith that pertinent additional evidence establishing eligibility cannot be provided at that time. In any case, no continuance shall exceed 10 calendar days.

(f) If neither the client nor his or her representative appears at the scheduled review, after having received proper notification of such review, the client's appeal shall be considered to have been abandoned and the appeal shall be denied, unless the reviewing officer is provided with prior notice by the client or his or her representative of his or her inability to attend due to unavoidable circumstances. Postponement may be granted by the reviewing officer for a period not to exceed 10 calendar days from the originally scheduled review date.

(g) If a mutually satisfactory agreement between the client and the Financial Entitlement Unit is reached prior to the time of the review, the review may be cancelled by the reviewing officer, or discontinued if begun, at the client's request in writing.

N.J. Admin. Code § 8:133-6.5

Recodified from 10:38-6.5 54 N.J.R. 65(a), effective 1/3/2022