New Jersey Administrative Code
Title 1 - ADMINISTRATIVE LAW
Chapter 10 - FAMILY DEVELOPMENT HEARINGS
Subchapter 12 - CONTINUED ELIGIBILITY; EMERGENCY FAIR HEARINGS
Section 1:10-12.2 - Emergency fair hearings in TANF or General Assistance cases
Universal Citation: NJ Admin Code 1:10-12.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) When DFD determines that a request for hearing should be scheduled as an emergency fair hearing:
1. DFD shall notify the Office of
Administrative Law of the hearing request on the same day as the request is
received.
2. The case shall be
scheduled by the Office of Administrative Law for a hearing within three days
after notification of the hearing request is received.
3. Notice of the time, date, and place of the
hearing shall be transmitted to DFD within one day after the Office of
Administrative Law is notified of the hearing request. DFD shall prepare the
OAL transmittal form and notify the CWA or MWD, the petitioning
applicant/recipient, or the petitioner's representative of the scheduled
hearing on the day that it receives notification of the hearing time and
place.
4. The judge shall issue an
initial decision no later than the day following the date of the hearing. A
copy of the decision shall be transmitted to the Director of the DFD and the
parties by an expeditious method designed to ensure receipt no later than the
day following the date of the decision.
5. The petitioning applicant/recipient, his
or her representative or the CWA or MWD may, by telephone, make exception or
objection to the initial decision, to the DFD no later than the first day
following the issuance of the initial decision.
6. The Director of the DFD shall issue a
final decision no later than three days following the date the initial decision
is received which shall accept, reject or modify the initial decision. On the
date the final decision is issued, the DFD shall notify the CWA or MWD, the
Office of Administrative Law and the petitioner or the petitioner's
representative of the final decision and any relief ordered shall be provided
on the date notice of the decision is received.
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