New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 48 - APPEAL PROCEDURE
Subchapter 4 - INFORMAL CONFERENCE AND ADMINISTRATIVE REVIEW OF NON-CONTESTED CASES
Section 10:48-4.2 - Administrative review

Universal Citation: NJ Admin Code 10:48-4.2

Current through Register Vol. 56, No. 18, September 16, 2024

(a) For all issues not resolved at the informal conference, the appellant may submit a written request to the Assistant Commissioner for an administrative review.

1. A written request for an administrative review shall be made within 25 working days from the date on the written informal conference report.

2. The Assistant Commissioner or designee shall appoint an administrative review officer.

3. Each party shall submit written arguments supporting their position to the administrative review officer within 30 working days of written notification of the administrative review. Documentary evidence may also be provided.

4. The Rules of Evidence shall be relaxed to include hearsay. It is also permissible to accept a written statement of an individual into evidence instead of an affidavit.

5. Discovery shall be provided in accordance with the requirements of N.J.A.C. 10:41, which entitles an individual to a copy of the individual's client record.

6. The administrative review officer shall prepare a written decision.

7. The written decision shall be forwarded to the involved parties within 30 working days of the receipt of both arguments. The written decision shall set forth the reasons for conducting the administrative review. This shall be considered the recommended decision.

8. Written comments, objections, or exceptions to the recommended decision may be made by either party and shall be sent to the Assistant Commissioner within 20 working days from the date of the recommended decision.

9. After review of the recommended decision and any comments, objections, or exceptions, the Assistant Commissioner shall issue a final decision, in writing, within 30 working days of the close of the comment period.

10. Upon issuance, the final decision shall be sent to the parties with notice that any further appeal must be to the Appellate Division of the Superior Court of New Jersey.

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