New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 48 - APPEAL PROCEDURE
Subchapter 7 - OFFICE OF ADMINISTRATIVE LAW
Section 10:48-7.1 - Office of Administrative Law

Universal Citation: NJ Admin Code 10:48-7.1

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

(a) Those matters determined to be contested shall be referred to the Office of Administrative Law (OAL) for a hearing, in accordance with the Administrative Procedure Act at 52:14B-2(b) and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) If the contested non-waiver-funded services matter is not settled, the Assistant Commissioner shall transmit the matter to the Office of Administrative Law.

1. In the instance of all other contested matters, the matter shall be transmitted within 20 working days of the notice by the Administrative Practice Office that the settlement conference did not resolve the matter.

2. While contested cases are being prepared for transmittal to OAL, further efforts may be made to resolve the issue.

3. The Assistant Commissioner may, at his or her discretion with the agreement of the Director of the OAL, transmit a non-contested matter to the OAL (52:14F-5 .o).

(c) The Assistant Commissioner shall notify the appellant that the matter has been transmitted to the OAL.

(d) A decision rendered by OAL shall be adopted, rejected, or modified by the Assistant Commissioner or in the case of fair hearing, by the Director, DMAHS, within 45 days of its receipt (52:14B-10(c) ). This shall be the final decision of the matter under appeal.

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

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