N.J. Admin. Code § 10:90-9.17

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:90-9.17 - Emergency fair hearings

(a) An emergency fair hearing for purposes of expediting the fair hearing procedure will be scheduled when:

1. The fair hearing request results from denial by the county or municipal agency of a request for emergency assistance made in accordance with the provisions of N.J.A.C. 10:90-6.1, or replacement of a lost or stolen check has been declined by the county or municipal agency in accordance with N.J.A.C. 10:90-7.5, and the applicant/recipient contends that he or she is without funds or resources; and

2. The DFD determines that there exists a threat to the health and physical safety of the applicant/recipient sufficiently compelling and imminent to require acceleration of the fair hearing procedure.

(b) When it is determined that a request for hearing should be scheduled as an emergency fair hearing:

1. BARA shall notify the OAL by telephone of the hearing request on the same business day as the request is received. The Clerk of the OAL shall prepare the OAL transmittal form based upon the telephone call.

2. The case shall be scheduled by the OAL for a hearing within three business days after the phone call is received.

3. Notice of the time, date and place of the hearing shall be transmitted by telephone or FAX in an expedited manner after the OAL is notified of the hearing request. BARA shall notify the county or municipal agency, the petitioning applicant/recipient or representative, of the scheduled hearing by telephone or FAX.

4. The ALJ shall file an Initial Decision by the most expeditious means available with the Director of the DFD and the parties no later than the first business day following the date of the hearing.

5. Only in emergency fair hearings may the applicant/recipient, his or her representative or the county or municipal agency take exception or object to the Initial Decision by a telephone call to the DFD no later than the first business day following the issuance of the Initial Decision.

6. The Director of the DFD shall issue a final decision no later than three business days following the date the Initial Decision is received, which shall accept, reject or modify the Initial Decision. On the day the final decision is issued, the DFD shall notify the county or municipal agency, and the petitioner or the petitioner's representative by telephone of the final decision, and any relief ordered shall be provided by the county or municipal agency on the day notice of the final decision is received.

N.J. Admin. Code § 10:90-9.17

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).