New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 91 - ORGANIZATION AND GENERAL POLICY PROVISIONS OF THE COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED
Subchapter 6 - CLIENT APPEAL RIGHTS
Section 10:91-6.2 - Administrative review

Universal Citation: NJ Admin Code 10:91-6.2

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

(a) A client/applicant (claimant) or his or her parent or guardian shall have the right to request an administrative review after all informal means of dispute resolution have been unsuccessful. The claimant may initiate an Administrative Review Request by notifying the caseworker or the client service representative (see N.J.A.C. 10:91-1.12) . The claimant shall indicate which type of administrative review is requested:

1. A review of the client's file; or

2. An in-person review in which all relevant parties participate.

(b) Upon receipt of a request for an administrative review, the Executive Director shall assign a supervisory employee to conduct the administrative review. Neither the reviewer assigned this task nor his or her immediate supervisor shall have had any direct part in the dispute under review. The assigned reviewer shall have experience and knowledge of the client's program area.

(c) The appeal reviewer shall complete the administrative review within 30 working days of the client's request. This time limitation applies to both types of administrative review.

(d) When the claimant requests an administrative review of the case record, the reviewer shall conduct an interview with the claimant, and other involved individuals as needed.

(e) When the claimant has requested an in-person administrative review the reviewer shall communicate with him or her to arrange a mutually convenient day, time and place. The reviewer will function as chairperson. If the client is unable to arrange for transportation to be present at the review, the Commission will make arrangements to provide transportation and reasonable accommodations.

(f) The claimant, during an in-person administrative review, will be permitted:

1. To represent himself or herself or to be represented by an attorney or another individual; and

2. To submit additional documents; however, such documents shall be provided to the appeal reviewer at least five working days prior to the date of the administrative review.

(g) A claimant who wishes to represent himself or herself shall be 18 years of age or older.

(h) A claimant who wishes to be represented by counsel shall assume full responsibility for the selection of an attorney and for all legal costs incurred. A claimant who cannot afford a private attorney will be referred to a local legal services office or the NJ Protection and Advocacy, Inc. Commission claimants who are also vocational rehabilitation services clients shall be advised of the opportunity to receive assistance from the Client Assistance Program (CAP) at the claimants initial request for an administrative review. The CAP, located in the NJ Protection and Advocacy, Inc. program, may be reached by telephone at 1-800-922-7233 (see N.J.A.C. 10:95-19).

(i) All correspondence with a claimant will be in a medium accessible to the claimant.

(j) Within 25 working days of completing an administrative review, the reviewer shall submit a written report of findings and recommendations to the Executive Director.

(k) The Executive Director, upon reviewing the report of the investigation, will inform by registered letter, within 20 days, the claimant, parent or guardian whether the matter will be disposed of pursuant to (m) or (n) below.

(l) The claimant, parent or guardian has the right to request an administrative hearing before an administrative law judge if they disagree with the recommended decision. A request for hearing by an Administrative Law Judge shall be in writing by registered mail from the claimant, parent or guardian to the Executive Director.

(m) If the Executive Director determines that the administrative appeal represents a contested case (see 10:91-1.2) , the matter is immediately forwarded to the Office of Administrative Law pursuant to the Administrative Procedures Act, 52:14B-1 et seq., 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The Executive Director will advise the claimant, parent or guardian of this action by registered letter.

(n) If the Executive Director determines that the administrative appeal represents a non-contested case (see 10:91-1.2) , then the Executive Director shall issue a final decision and forward this decision by registered letter to the claimant, parent or guardian. The letter will contain a statement that any further appeal of this decision shall be made to the Appellate Division of the Superior Court of New Jersey.

(o) Following an administrative hearing of a contested case by an administrative law judge (ALJ), the ALJ renders a recommended decision that may be adopted, modified or rejected by the Executive Director, who by law is empowered to make a final decision in such matter. However, if the Executive Director does not so act in 45 days and unless such time limit is otherwise extended, this recommended decision shall become a final decision in accordance with 52:14B-10. The Executive Director shall advise the claimant, parent or guardian of the final decision and the reason for the decision, by registered letter.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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