N.J. Admin. Code § 8:133-6.9

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

Section 8:133-6.9 - Results of divisional review

(a) The Assistant Director, Office of Fiscal and Management Operations, or his or her designee, shall review the Financial Entitlement Unit's reviewing officer's decision and shall affirm or reject such decision.

(b) The Assistant Director, Office of Fiscal and Management Operations, shall within 10 calendar days of receipt of the client's request for review notify the client, his or her representative and the Financial Entitlement Unit of the results of the divisional review.

(c) If the Financial Entitlement Unit's reviewing officer's decision is affirmed, such decision shall be treated and recognized as the final divisional determination of the client's claim for Interim Assistance. The client, his or her representative and the Financial Entitlement Unit shall be so advised.

(d) The client shall have the right to request a hearing before an Administrative Law Judge if he/she is dissatisfied with the Assistant Director's decision. Such request must be submitted to the Assistant Director within 10 calendar days of issuance of the Assistant Director's decision. Upon receipt of such request, the Assistant Director shall immediately refer the matter to the Office of Administrative Law for a hearing before an Administrative Law Judge, in accordance with the Administrative Procedure Act at 52:14B-1 et seq. and the Uniform Administrative Procedure Rules at N.J.A.C. 1:1.

(e) If the Financial Entitlement Unit's reviewing officer's decision is rejected the client shall be declared eligible for Interim Assistance benefits from the date of his or her community placement. The client, his or her representative and the Financial Entitlement Unit shall be so advised.

N.J. Admin. Code § 8:133-6.9

Recodified from 10:38-6.9 54 N.J.R. 65(a), effective 1/3/2022