New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL
Subchapter 8 - FAIR HEARINGS
Section 10:87-8.6 - Processing fair hearing requests

i. The liaison shall establish a system to insure that every written request for a hearing which is received by the CWA is stamped with the date of receipt and forwarded to the Division of Family Development within one working day of the date of the request.

ii. The liaison shall review incoming requests for possible corrective action prior to a hearing.

iii. The liaison shall identify, and arrange for participation of CWA staff who may be essential to the hearing. The liaison shall also assemble all records relevant to the hearing and arrange for an interpreter if the household does not speak English.

iv. The liaison shall contact the household or its representative, not less than two working days prior to a hearing, to confirm attendance and to arrange for the transportation of the household if necessary.

v. Prior to the hearing date, the liaison shall submit special reports regarding hearing requests, if so instructed by the DFD.

vi. The liaison shall submit reports, regarding the implementation of State fair hearing decisions, in accordance with the provisions of this subchapter.

vii. The liaison shall serve as the single individual in the CWA to be contacted regarding matters relating to hearings.

i. An oral request for a fair hearing shall be reduced to a written record by the staff person to whom the request is made. No special form or manner of expression is required, provided that the request identifies the nature and date of the complaint. If it is unclear from the household's request what action it wishes to appeal, the CWA may request that the household clarify its grievance.

ii. Upon the household's request, the CWA shall assist in the preparation of the household's fair hearing request.

iii. The household shall be informed of, and referred to, legal services in the community for the purpose of obtaining legal counsel at the hearing.

iv. Upon request, the CWA shall make available without charge the specific materials necessary for a household or its representative to determine whether a hearing should be requested or to prepare for a hearing which includes, but is not limited to, access to the case record.

v. If the individual making the request speaks a language other than English or has a limited English proficiency or disability and the CWA is required by N.J.A.C. 10:87-9 to provide bilingual staff or interpreters who speak the appropriate language, the CWA shall insure that the hearing procedures are verbally explained in that language.

vi. The CWA shall provide the household transportation to and from the hearing, if requested.

i. The household may request and is entitled to receive a postponement of the scheduled hearing. The postponement shall not exceed 30 days and the time limit for action on the decision may be extended for as many days as the hearing is postponed. For example, if a hearing is postponed by the household for 10 days, notification of the hearing decision will be required within 70 days from the date of the request for a hearing.

i. The DFD shall register each request for a fair hearing on the date which the request is received and forward all requests to OAL within one work day of date received. OAL shall refer all requests made direct to OAL to DFD for registering.

ii. When received by the DFD, requests shall be transmitted by datafax or telephone to the CWA.

iii. Together with notice of the hearing date, the household will be promptly notified by OAL whether or not the household is to continue to receive benefits at an unreduced level pending the outcome of the fair hearing. A copy of this communication will be sent to the DFD and to the CWA.

i. The request for a hearing is not received within the time interval specified at 10:87-8.5.

ii. The household withdraws the fair hearing request for any reason. When a household that previously requested a NJ SNAP fair hearing contacts the CWA (either orally, electronically or in writing) in order to withdraw its hearing request, the CWA shall send a Cancellation of Your NJ SNAP Fair Hearing Request form (NJ SNAP-944), along with a self-addressed stamped envelope, to the household which confirms that the household has requested cancellation of its hearing. The form shall also advise the household and/or household representative that it is entitled to request reinstatement of its hearing request within 90 days of the date that the household's NJ SNAP case was to be affected by the proposed case action. A copy of the confirmation letter to the household shall be retained in the household's case record and another copy shall be forwarded to the State Bureau of Administrative Review and Appeals. If the confirmation portion of the Confirmation of Verbal Withdrawal Request form (NJ SNAP-944) is not returned to the agency, then the hearing shall continue.

iii. The household abandons its request for a fair hearing.