New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL
Subchapter 10 - FISCAL OPERATIONAL PROBLEMS
Section 10:87-10.17 - Fair hearings

(a) Each individual or household has a right to a fair hearing to appeal a denial, reduction or termination of benefits due to a determination of nonexempt status, or a CWA/LWD determination of failure to comply with the work registration or work and training requirements of this subchapter. A fair hearing shall be scheduled in accordance with 10:87-8.6(a)4.

(b) Individuals or households may appeal CWA or LWD actions such as exemption status, the type of requirement imposed, or CWA or LWD refusal to make a finding of good cause, if the individual or household believes that a finding of failure to comply has resulted from improper decision on these matters.

(c) If the hearing involves a decision made by the LWD, the CWA shall provide sufficient advance notice to LWD to either permit the attendance of a representative or ensure that a representative will be available for questioning over the phone during the hearing. A representative of LWD shall be available through one of these means.

(d) A household shall be allowed to examine its employment and training component case file at a reasonable time before the hearing, except for confidential information (which may include test results) that the agency determines should be protected from release. Information not released to a household may not be used by either party at the hearing.

(e) The results of the fair hearing shall be binding on the CWA and LWD.