N.J. Admin. Code § 10:90-11.4
Current through Register Vol. 56, No. 18, September 16, 2024
Section 10:90-11.4 - Waiver of right to administrative disqualification hearing(a) The accused individual shall have the option of waiving his or her right to an administrative disqualification hearing. The county or municipal agency shall provide written notification of this option to the client only after ensuring that the evidence against the client has been reviewed by someone other than the eligibility worker assigned to that case and that such evidence warrants the scheduling of a disqualification hearing. A mandatory written notification, which informs the individual of the option of waiving his or her right to a disqualification hearing, shall include:1. The date that the signed waiver must be received by the county or municipal agency to avoid the holding of a hearing and a signature block for the accused individual;2. A statement explaining that the caretaker relative must likewise sign the waiver if the accused individual is not the caretaker relative;3. An appropriately designated signature block for the caretaker relative;4. A statement explaining the accused individual's right to remain silent concerning the charge(s), and that anything said or signed by the individual concerning the charge(s) can be used against him or her in a court of law;5. A statement explaining that waiver of the individual's right to appear at a disqualification hearing may result in a disqualification penalty and a reduction in the assistance payment for the appropriate period, even if the accused individual does not admit to the facts as presented by the county or municipal agency;6. A statement indicating that the accused individual shall be provided the opportunity to specify whether or not he or she admits to the facts as presented by the county or municipal agency; and7. The telephone number and, if possible, the name of the person at the county or municipal agency to contact for additional information. N.J. Admin. Code § 10:90-11.4