N.J. Admin. Code § 8:17-13.8

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:17-13.8 - Impartial due process hearing request procedure

(a) An impartial due process hearing is an administrative hearing conducted by an administrative law judge, who is an impartial person and who has knowledge about the Act and this chapter and the needs of and services available for eligible and potentially eligible children and their families.

1. As used in this section, "impartial person" means a person who:

i. Is not an employee of an entity involved in the provision of early intervention services;

ii. Is not involved in the care of the child; and

iii. Does not have a personal or professional interest that would impair the person's objectivity in implementing the hearing process.

(b) The Procedural Safeguards Office shall request that the hearing be at a time and place that is reasonably convenient to the parents.

(c) An impartial due process hearing is available for the resolution of individual disputes regarding the provision of early intervention services, including identification, evaluation and assessment, eligibility determination, placement, and/or the appropriateness of provided early intervention services.

(d) A person shall file a written request for an impartial due process hearing within one year of the date the person knew or should have known about the alleged action that forms the basis for the request.

(e) If a parent wishes to file a written request for an impartial due process hearing, the service coordinator and/or the local or regional provider agency shall assist the parent, in the parent's primary language and/or mode of communication to the maximum extent possible.

(f) A person requesting an impartial due process hearing shall use the form at Chapter Appendix F and transmit:

1. The request to the Procedural Safeguards Office; and

2. A copy of the request to other parties in interest, which transmittal shall serve as notice to the respondent of the issues in dispute;

(g) The Procedurals Safeguards Office requests that a parent requesting an impartial due process hearing, and a person making a request for an impartial due process hearing on a parent's behalf, notify the Procedural Safeguards Office if the parent is to be represented by counsel at the impartial due process hearing by no later than five days after the issuance of the notice the Procedural Safeguards Office issues pursuant to 8:17-13.9(a)8. The failure to notify the Procedural Safeguards Office shall not preclude representation by counsel.

N.J. Admin. Code § 8:17-13.8