New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 48 - APPEAL PROCEDURE
Subchapter 6 - ALTERNATE DISPUTE RESOLUTION CONFERENCE AND FAIR HEARING
Section 10:48-6.1 - Alternate dispute resolution conference
Universal Citation: NJ Admin Code 10:48-6.1
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Alternate dispute resolution conference requirements are as follows:
1. An alternate dispute resolution conference
shall be scheduled by the Administrative Practice Office. The alternate dispute
resolution conference shall be scheduled no more than 30 working days from the
date that the request for alternate dispute resolution is received. Extension
of the conference date beyond 30 working days may only occur upon mutual
agreement of both parties.
2. The
Administrative Practice Office shall appoint a chairperson to convene the
alternate dispute resolution conference.
3. Following the conference, the chairperson
shall prepare a report specifically identifying the issue(s) under appeal, a
summary of the position of both parties, and a decision or the agreement of the
parties with respect to each issue. The reasons for the decision shall be
provided. The summary shall be provided to the appellant within 30 working days
of the conference. A copy of this summary shall be retained in the individual's
file.
4. The appellant may be
represented by legal counsel at the alternate dispute resolution
conference.
5. No transcript shall
be made of the alternate dispute resolution conference.
6. The Rules of Evidence shall not be
strictly enforced.
(b) If an agreement is reached, the parties shall execute a settlement agreement, which shall conclude the matter.
(c) All parties shall sign the agreement. Any settlement is contingent upon the signature of the administrative head of the component.
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