New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 3 - TEACHERS' PENSION AND ANNUITY FUND
Subchapter 1 - ADMINISTRATION
Section 17:3-1.7 - Appeal from Board decisions
Universal Citation: NJ Admin Code 17:3-1.7
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The following statement shall be incorporated in every written notice setting forth the Board's determination in a matter where such determination is contrary to the claim made by the claimant or the claimant's legal representative:
1. "If you disagree with the determination of
the Board, you may appeal by submitting a written statement to the Board within
45 days after the date of written notice of the determination. The statement
shall set forth in detail the reasons for your disagreement with the Board's
determination and shall include any relevant documentation supporting your
claim. If no such written statement is received within the 45-day period, the
determination by the Board shall be final."
2. Upon receipt of a member's written appeal,
the Board shall determine whether to grant an administrative hearing based upon
the standards for a contested case hearing set forth in the Administrative
Procedure Act,
52:14B-1 et seq., and 52:14F-1 et
seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
3. Administrative hearings shall be conducted
by the Office of Administrative Law pursuant to the provisions of
52:14B-1 et seq., and 52:14F-1 et
seq., and N.J.A.C. 1:1.
4. If the
granted appeal involves solely a question of law, the Board may retain the
matter and issue a final determination which shall include detailed findings of
fact and conclusions of law based upon the documents, submissions and legal
arguments of the parties. The Board's final determination may be appealed to
the Superior Court, Appellate Division.
5. If the granted appeal involves a question
of facts, the Board shall submit the matter to the Office of Administrative
Law.
6. The Director of the
Division of Pensions and Benefits is authorized to grant or deny requests to
extend the time allowed for exceptions and replies, and to seek extension of
the time for a Board to render a final administrative decision adopting,
rejecting, or modifying an initial decision.
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