N.J. Admin. Code § 10:90-9.4

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

Section 10:90-9.4 - Rules applicable to WFNJ/GA applicants/recipients

(a) With the exception of hearing requests related to a denial, reduction or termination of emergency assistance granted under N.J.A.C. 10:90-6 (refer to N.J.A.C. 10:90-9.17(a)1 for additional exceptional circumstances), applicants for or recipients of WFNJ/GA shall receive a local hearing regarding any action or inaction of the county/municipal agency as specified in N.J.A.C. 10:90-9.3(b)1. See N.J.A.C. 10:90-9.10 concerning time limitations on entitlement to fair hearings.

(b) The hearing officer at the local hearing shall be the municipal agency director, or, as appropriate, a person designated by the county agency director to conduct such a hearing, unless he or she has participated in the action or inaction which gave rise to the hearing request.

1. If the director has been thus involved, the director will select a hearing officer who has not been involved. The selection will be made from among the following in order of priority:

i. A professional staff member of the agency;

ii. A member of the Local Assistance Board (LAB) other than an elected official as designated by the LAB; or

iii. With the advice and consent of the LAB of the municipality of the hearing, a director of another municipality, or a professional staff member of supervisory rank of the municipal agency of another municipality.

2. The local hearing shall be conducted and a decision rendered in accordance with the following procedures:

i. Participants in the local hearing shall include, at a minimum, the appellant and his or her representative, the agency staff member who made the decision, and the hearing officer who shall hear both sides of the issue and decide whether or not the action was correct.

(1) Generally, only those persons shall be admitted to the hearing whose testimony and presence are necessary to a full and fair determination. The appellant may exercise a right to be assisted in his or her presentative by a relative, friend or other spokesperson, or to be legally represented by a lawyer of his or her own choosing. Observers may attend at the discretion of the hearing officer and with the appellant's consent.

ii. Hearings shall in all respects be informal and conducted in an atmosphere conducive to the full development of facts. An effort shall be made to conduct the hearing in such manner that all parties shall feel free to present all relevant aspects of the situation. All parties shall be given opportunity to offer evidence and to question witnesses.

iii. At the beginning of the hearing, the appellant shall be given the opportunity to make a statement of the situation as he or she sees it. The hearing officer shall state the points at issue, subject to amendment or correction by the appellant or any of the other parties concerned. At the end of the hearing, the hearing officer shall summarize the issue(s).

iv. Within 10 business days following the hearing, the hearing officer shall prepare a brief written report. This report shall include a summary of the facts presented at the hearing and the findings (decision) of the hearing officer; it shall also state the regulation(s) upon which the decision is based. The final sentence on the report shall advise the appellant of the availability of a State fair hearing.

(1) This report and decision shall be filed with the Local Assistance Board, a copy mailed to the appellant, and a copy forwarded to the State Division of Family Appeals (BARA).

3. When a decision has been rendered by the hearing officer, it shall be implemented immediately by the agency.

N.J. Admin. Code § 10:90-9.4

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).
Added (b)2i, i(1), ii, iii, iv, iv(1), and (b)3.