reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 10 - DISCOVERY › Section 1:6A-10.1 - Discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				discovery shall be completed no later than five business days before the date
				of the hearing.
(b) Each party
				shall disclose to the other party any documentary evidence and summaries of
				testimony intended to be introduced at the hearing.
(c) Upon application of a party, the judge
				shall exclude any evidence at hearing that has not been disclosed to that party
				at least five business days before the hearing, unless the judge determines
				that the evidence could not reasonably have been disclosed within that
				time.
(d) Discovery shall, to the
				greatest extent possible, consist of the informal exchange of questions and
				answers and other information. Discovery may not include requests for formal
				interrogatories, formal admissions or depositions.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 14 - CONDUCT OF CASES › Section 1:6A-14.1 - Procedures for hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To the
				greatest extent possible, the hearing shall be conducted at a time and place
				convenient to the parent(s) or guardian.
(b) At the hearing, parents shall have the
				right to open the hearing to the public, and to have the child who is the
				subject of the hearing present.
(c)
				A verbatim record shall be made of the hearing.
(d) The judge's decision shall be based on
				the preponderance of the credible evidence, and the proposed action of the
				board of education or public agency shall not be accorded any presumption of
				correctness.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 14 - CONDUCT OF CASES › Section 1:6A-14.2 - Expedited hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				expedited hearing shall be scheduled:
1. At
				the request of a board of education or public agency if the board of education
				or public agency maintains that it is dangerous for the child to be in the
				current placement; or
2. At the
				request of a parent if:
i. The parent
				disagrees with the determination that the pupil's behavior in violating school
				rules was not a manifestation of the pupil's disability; or
ii. The parent disagrees with an order of
				school personnel removing a pupil with a disability from the pupil's current
				placement for more than 10 days or a series of removals that constitute a
				change in placement pursuant to
				34 CFR
				300.536 for a violation of school
				rules.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 14 - CONDUCT OF CASES › Section 1:6A-14.3 - Interpreters

Current through Register Vol. 56, No. 14, July 15, 2024
Where necessary, the judge may require the Department of
				  Education to provide an interpreter at the hearing or written translation of
				  the hearing, or both, at no cost to the parent(s) or guardian.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 14 - CONDUCT OF CASES › Section 1:6A-14.4 - Independent educational evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For good
				cause and after giving the parties an opportunity to be heard, the judge may
				order an independent educational evaluation of the pupil. The evaluation shall
				be conducted in accordance with N.J.A.C. 6A:14 by an appropriately certified or
				licensed professional examiner(s) who is not employed by the board of education
				or public agency responsible for the education of the pupil to be evaluated.
				The independent evaluator shall be chosen either by agreement of the parties
				or, where such agreement cannot be reached, by the judge after consultation
				with the parties. The judge shall order the board of education or public agency
				to pay for the independent educational evaluation at no cost to the parent(s)
				or guardian. (
				34 CFR
				300.502 )
(b) Where an independent educational
				evaluation is ordered, the judge upon the request of a party may adjourn the
				hearing for a specified period of time and the deadline for decision, as
				established in
				1:6A-18.1, will be extended by an
				amount of time equal to the adjournment.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 14 - CONDUCT OF CASES › Section 1:6A-14.5 - Transcripts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition
				to any stenographic recording, each hearing shall be sound recorded. A parent
				may receive a copy of the sound recording at no cost by making a request to the
				Clerk.
(b) A parent may obtain a
				transcript of any hearing pursuant to
				20 U.S.C. §
										1415(h)(3) by contacting the
				Office of Special Education Programs. A board of education may arrange to
				obtain a transcript by contacting the Clerk.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 18 - DECISION AND APPEAL › Section 1:6A-18.1 - Deadline for decision

Current through Register Vol. 56, No. 14, July 15, 2024
Subject to any adjournments pursuant to
				  1:6A-9.2, a written decision shall
				  be issued by the judge and mailed by the Office of Administrative Law no later
				  than 45 days after the expiration of the 30-day period under
				  34 CFR
				  300.510(b), or the adjusted
				  time periods described in
				  34 CFR
				  300.510(c).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 18 - DECISION AND APPEAL › Section 1:6A-18.2 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In a
				written decision, the judge shall use initials rather than full names when
				referring to the child and the parent(s) or guardian, and may take other
				necessary and appropriate steps, in order to preserve their interest in
				privacy.
(b) Records of special
				education hearings shall be maintained in confidence pursuant to Federal
				regulations,
				34 CFR 300.610,
				at the Office of Special Education Programs.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 18 - DECISION AND APPEAL › Section 1:6A-18.3 - Appeal, use of hearing record, obtaining copy of record, and contents of record

Current through Register Vol. 56, No. 14, July 15, 2024
Any party may appeal the decision of the judge either to the
				  Superior Court of New Jersey, pursuant to the Rules Governing the Courts of the
				  State of New Jersey, or to a district court of the United States, pursuant to
				  20 U.S.C. §
										1415(i)(2).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 6A - SPECIAL EDUCATION PROGRAM › Subchapter 18 - DECISION AND APPEAL › Section 1:6A-18.4 - Stay of implementation

Current through Register Vol. 56, No. 14, July 15, 2024
Unless the parties otherwise agree or the judge orders
				  pursuant to
				  1:6A-12.1 or 14.2, the educational
				  placement of the pupil shall not be changed prior to the issuance of the
				  decision in the case, pursuant to
				  34 CFR
				  300.514.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 1 - APPLICABILITY › Section 1:10-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules
				in this chapter shall apply to matters transmitted to the Office of
				Administrative Law by the Division of Family Development (DFD) where an
				applicant or recipient disputes the proposed action on eligibility or benefits
				entitlement by a county welfare agency (CWA) or a local decision or inaction by
				a municipal welfare department (MWD). These rules also apply to food stamp
				intentional program violations. Any aspect of the hearing not covered by these
				special hearing rules shall be governed by the Uniform Administrative Procedure
				Rules (U.A.P.R.) contained in N.J.A.C. 1:1. To the extent that these rules are
				inconsistent with the U.A.P.R., these rules shall apply.
(b) These rules are established in
				implementation of Federal law,
				7 C.F.R.
				273.16;
				45
				C.F.R. §
										205.10; 7 C.F.R. § 273.15.
				In any case where these rules can be construed as conflicting with Federal
				requirements, the Federal requirements shall apply. Since these rules are
				established in implementation of Federal law, they may not be relaxed except as
				specifically provided pursuant to Federal law.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 5 - REPRESENTATION › Section 1:10-5.1 - Representation at hearing

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant or recipient may appear at a proceeding without
				  legal representation or may be represented by an attorney or by a relative,
				  friend or other spokesperson pursuant to the procedures set forth in
1:1-5.4
;
7
				  C.F.R. 273.15(f)
;
45
				  C.F.R. 205.10(a)(3)(iii)
; and
7
				  C.F.R. 273.15(p)(2)
.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 9 - SCHEDULING; CLERK'S NOTICES; ADJOURNMENTS › Section 1:10-9.1 - Adjournments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In cases
				involving food stamp benefits, upon timely application an applicant/recipient
				shall receive one adjournment of the scheduled hearing date.
1. In cases involving an alleged intentional
				program violation, the applicant/recipient must request the adjournment at
				least 10 days before the scheduled hearing date and the hearing shall not be
				postponed for more than a total of 30 days.
				7 CFR
				273.16.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 9 - SCHEDULING; CLERK'S NOTICES; ADJOURNMENTS › Section 1:10-9.2 - Notice of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In cases involving Temporary Aid to Needy
				Families (TANF) or food stamp benefits, except for emergency hearings, the
				Clerk shall send written notice of the filing and hearing to each party at
				least 10 days before the scheduled hearing date.
1. The notice may be sent less than 10 days
				before the hearing date if the applicant or recipient so requests in order to
				expedite the hearing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 9 - SCHEDULING; CLERK'S NOTICES; ADJOURNMENTS › Section 1:10-9.3 - Scheduling of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing
				shall be held at a time, date and location convenient to the applicant or
				recipient.
(b) Upon presentation of
				acceptable information regarding an applicant's or recipient's illness or
				infirmity which would prevent his or her appearance at a hearing location, the
				hearing shall be scheduled at the applicant/recipient's residence.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 10 - DISCOVERY › Section 1:10-10.1 - Discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CWA or MWD shall provide the
				applicant or recipient or his or her authorized representative opportunity to
				review the entire case file and all documents and records to be used in the
				hearing. (
7
				C.F.R. 273.15(i)(1)
;
45
				C.F.R. 205.10(a)(13)(i)
.)
(b) Any other discovery
				shall be by motion to the judge and for good cause shown. In no case shall the
				hearing date be adjourned to permit discovery under this subsection.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 12 - CONTINUED ELIGIBILITY; EMERGENCY FAIR HEARINGS › Section 1:10-12.2 - Emergency fair hearings in TANF or General Assistance cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When DFD
				determines that a request for hearing should be scheduled as an emergency fair
				hearing:
1. DFD shall notify the Office of
				Administrative Law of the hearing request on the same day as the request is
				received.
2. The case shall be
				scheduled by the Office of Administrative Law for a hearing within three days
				after notification of the hearing request is received.
3. Notice of the time, date, and place of the
				hearing shall be transmitted to DFD within one day after the Office of
				Administrative Law is notified of the hearing request. DFD shall prepare the
				OAL transmittal form and notify the CWA or MWD, the petitioning
				applicant/recipient, or the petitioner's representative of the scheduled
				hearing on the day that it receives notification of the hearing time and
				place.
4. The judge shall issue an
				initial decision no later than the day following the date of the hearing. A
				copy of the decision shall be transmitted to the Director of the DFD and the
				parties by an expeditious method designed to ensure receipt no later than the
				day following the date of the decision.
5. The petitioning applicant/recipient, his
				or her representative or the CWA or MWD may, by telephone, make exception or
				objection to the initial decision, to the DFD no later than the first day
				following the issuance of the initial decision.
6. The Director of the DFD shall issue a
				final decision no later than three days following the date the initial decision
				is received which shall accept, reject or modify the initial decision. On the
				date the final decision is issued, the DFD shall notify the CWA or MWD, the
				Office of Administrative Law and the petitioner or the petitioner's
				representative of the final decision and any relief ordered shall be provided
				on the date notice of the decision is received.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 14 - CONDUCT OF CASES › Section 1:10-14.1 - Attendance at hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				applicant/recipient or a representative and the CWA or MWD and their
				representatives, if any, shall attend the hearing.
(b) The hearing may also be attended by other
				persons having an interest in the matter if permitted by the applicant or
				recipient.
(c) The judge may limit
				the number of persons in attendance at the hearing to comport with any hearing
				room space limitations.
(d) If
				neither the applicant/recipient nor a representative appears at a hearing
				concerning an alleged intentional program violation and timely adequate notice
				of the hearing was given to the applicant/recipient, the hearing shall be
				conducted ex parte.
7 C.F.R.
				273.16(e)
;
10:87-11.5(a)
4i.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 14 - CONDUCT OF CASES › Section 1:10-14.2 - Intentional program violation hearings

Current through Register Vol. 56, No. 14, July 15, 2024
At an intentional program violation hearing, the charged
				  applicant/recipient has a right to remain silent and may refuse to answer
				  questions.
7 C.F.R.
				  273.16(e)(2)(iii)
.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 14 - CONDUCT OF CASES › Section 1:10-14.3 - Independent medical assessment

Current through Register Vol. 56, No. 14, July 15, 2024
For good cause, the administrative law judge may order an
				  independent medical assessment or professional evaluation when the hearing
				  involves medical issues. Such medical assessment shall be obtained at CWA or
				  MWD expense.
7
				  C.F.R. 273.15(m)(2)(v)
;
7 C.F.R.
				  273.16(e)(2)(ii)
;
45
				  C.F.R. 205.10(a)(1)(iii)(10)
.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 18 - DECISIONS › Section 1:10-18.1 - Initial decision (other than emergency hearing matters)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				cases involving TANF benefits, an initial decision shall be issued within 21
				days from the date of the hearing.
(b) In cases involving food stamp benefits
				and temporary rental assistance, an initial decision shall be issued within 14
				days from the date of the hearing.
(c) In cases involving food stamp intentional
				program violations, an initial decision shall be issued within 21 days from the
				date of the hearing.
(d) In cases
				involving General Assistance, an initial decision shall be issued within 21
				days from the date of the hearing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 18 - DECISIONS › Section 1:10-18.2 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
If the parties wish to take exception to the initial
				  decision, such exception must be submitted in written form to the Director of
				  the DFD. Copies of the exception shall be served on all other parties and the
				  judge. The exceptions must be received by the DFD no later than seven days
				  after the date the initial decision was mailed to the parties. No replies or
				  cross-exceptions shall be permitted.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 18 - DECISIONS › Section 1:10-18.3 - Written initial decisions

Current through Register Vol. 56, No. 14, July 15, 2024
All initial decisions shall be issued in writing, pursuant
				  to 1:1-18.3. Oral initial decisions
				  are not permitted.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 18 - DECISIONS › Section 1:10-18.4 - Extension of time limits

Current through Register Vol. 56, No. 14, July 15, 2024
Time limits for filing an initial decision, filing
				  exceptions, or issuing a final decision shall not be extended.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10 - FAMILY DEVELOPMENT HEARINGS › Subchapter 19 - SETTLEMENTS › Section 1:10-19.1 - Division of Family Development settlements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parties
				to a hearing may resolve a dispute, subsequent to transmittal of a matter to
				the Office of Administrative Law, by agreeing to settlement and withdrawal of
				the hearing request.
(b) Settlement
				prior to the scheduled hearing date shall not involve the administrative law
				judge. The DFD shall notify the Office of Administrative Law of any settlement
				and withdrawal so derived and the contested case shall be closed. The Office of
				Administrative Law shall immediately return the case file to DFD.
(c) If on the date of the scheduled hearing
				or at any time during the hearing the parties agree to settle the matter at
				issue, a "Stipulation of Settlement and Withdrawal" shall be executed by the
				parties. This document shall contain:
1. The
				reason for the hearing request;
2.
				The reason for settlement and terms of settlement; and
3. The effective date of eligibility and/or
				benefit entitlement resulting from settlement when appropriate.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10A - DEPARTMENT OF CHILDREN AND FAMILIES HEARINGS › Subchapter 1 - APPLICABILITY › Section 1:10A-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter shall apply to matters transmitted
				  to the Office of Administrative Law by the Department of Children and Families
				  (DCF) involving issues of child abuse or neglect. These rules also apply to any
				  case transmitted to the Office of Administrative Law by another State agency
				  which is consolidated with a DCF case involving issues of child abuse or
				  neglect. Any aspect of the hearing not covered by the special hearing rules
				  shall be governed by the Uniform Administrative Procedure Rules (UAPR)
				  contained in N.J.A.C. 1:1. To the extent that these rules are inconsistent with
				  the UAPR, these rules shall apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10A - DEPARTMENT OF CHILDREN AND FAMILIES HEARINGS › Subchapter 2 - DEFINITIONS › Section 1:10A-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings:
"Agency head" means an individual designated by the
				  Commissioner of Children and Families with the authority in the capacity of
				  final decision maker on cases transmitted by the DCF Office of Licensing, the
				  DCF Institutional Abuse Investigations Unit, or the DCF Division of Child
				  Protection and Permanency, as appropriate.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10A - DEPARTMENT OF CHILDREN AND FAMILIES HEARINGS › Subchapter 3 - RIGHT TO COUNSEL IN CHILD ABUSE REGISTRY CASES › Section 1:10A-3.1 - Representation in Child Abuse Registry hearings

Current through Register Vol. 56, No. 14, July 15, 2024
A party shall have the right to be represented by counsel in
				  any matter at the Office of Administrative Law that has a potential outcome of
				  placement on the Child Abuse Registry.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10A - DEPARTMENT OF CHILDREN AND FAMILIES HEARINGS › Subchapter 3 - RIGHT TO COUNSEL IN CHILD ABUSE REGISTRY CASES › Section 1:10A-3.2 - Application and determination for assignment of court appointed counsel to indigent parties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				party who wants to apply for representation by a public defender shall complete
				an Office of Administrative Law (OAL) Application for Assignment of Counsel,
				incorporated herein by reference as N.J.A.C. 1:10A-3Appendix, and shall appear
				before an OAL Administrative Law Judge (ALJ), who will render an indigency
				determination.
(b) A determination
				of indigency under (a) above will be found if the applicant's gross household
				income is at or below the income amount for the applicant's household size,
				pursuant to the New Jersey Administrative Office of the Courts 2019 Income
				Eligibility Guidelines for Indigent Defense Services, which are incorporated
				herein by reference, as amended and supplemented, and available at
http://www.njcourts.gov/courts/assets/municipal/indigencyguidelines.pdf
(c) The ALJ shall advise the applicant of his
				or her eligibility for a court-appointed attorney at the end of the hearing
				held pursuant to (a) above.
(d) If
				an applicant is deemed eligible for a court-appointed attorney, after the
				hearing held pursuant to (a) above, then the OAL shall notify the Office of the
				Public Defender for such appointment. The appointed public defender shall file
				an appearance with the OAL no more than 10 days after being appointed to the
				case.
(e) If an applicant is deemed
				ineligible for a court-appointed attorney, then the ALJ shall advise the
				applicant that his or her matter will be assigned by the OAL to an ALJ for an
				evidentiary hearing.
(f)
				Representation of the party by a public defender appointed pursuant to this
				section shall continue through the filing of exceptions to the OAL decision and
				any appeal of the Department of Children and Families Commissioner's final
				decision.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10A - DEPARTMENT OF CHILDREN AND FAMILIES HEARINGS › Subchapter 12 - MOTIONS › Section 1:10A-12.1 - Motion for access for records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				or entity who is not a party to the contested case and who at any time prior to
				the issuance of the initial decision seeks access to the hearing, the record of
				the hearing, the initial decision, or other material protected by an order to
				seal issued pursuant to
				1:10A-14.1 shall apply by motion to
				the administrative law judge.
(b)
				Motions for access to records shall be decided within 20 days from the date of
				submission.
(c) The order issued by
				the administrative law judge shall be submitted to the appropriate DCF agency
				head for review. The appropriate DCF agency head shall issue a final
				determination as to the issue of disclosure no later than 20 days from receipt
				of the order of the administrative law judge.
(d) Any person or entity who is not a party
				to the contested case and who at any time after issuance of the initial
				decision seeks access to the record of the hearing, the initial decision, or
				other material protected by an order to seal issued pursuant to
				1:10A-14.1 shall apply by motion to
				the appropriate DCF agency head. The appropriate DCF agency head shall issue a
				final determination within 20 days of receipt of the motion.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10A - DEPARTMENT OF CHILDREN AND FAMILIES HEARINGS › Subchapter 14 - CONDUCT OF CASES › Section 1:10A-14.1 - Public hearing; records as public; sealing a record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any DCF
				matter involving allegations of child abuse or neglect which has not been
				consolidated with a case from another State agency, the judge shall immediately
				issue an order closing the hearing and sealing the record including all
				evidence, stenographic notes or audiotape and the initial decision.
(b) In any matter where in a DCF case
				involving allegations of child abuse and neglect has been consolidated with a
				case transmitted by another State agency, the judge shall issue an order
				closing the hearing and sealing the record of the case as necessary to protect
				all DCF records and reports regarding child abuse.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10A - DEPARTMENT OF CHILDREN AND FAMILIES HEARINGS › Subchapter 17 - CONSOLIDATION OF TWO OR MORE CASES; MULTIPLE AGENCY JURISDICTION CLAIM; DETERMINATIONS OF PREDOMINANT INTEREST › Section 1:10A-17.1 - Consolidation and predominant interest

Current through Register Vol. 56, No. 14, July 15, 2024
In any instance where a case instituted under the Tenure
				  Employees Hearing Law,
				  18A:6-10 et seq., or a charge
				  filed by the Department of Children and Families Office of Licensing is based
				  upon a case concerning allegations of child abuse and neglect instituted by the
				  Division of Child Protection and Permanency or by the Institutional Abuse
				  Investigations Unit, an order consolidating the matters shall be issued, and
				  the Division of Child Protection and Permanency or the Institutional Abuse
				  Investigations Unit shall be deemed to have the predominant interest with
				  regard to issues relating to the charges of child abuse and
				  neglect.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10A - DEPARTMENT OF CHILDREN AND FAMILIES HEARINGS › Subchapter 17 - CONSOLIDATION OF TWO OR MORE CASES; MULTIPLE AGENCY JURISDICTION CLAIM; DETERMINATIONS OF PREDOMINANT INTEREST › Section 1:10A-17.2 - Predominant interest regarding confidentiality issues

Current through Register Vol. 56, No. 14, July 15, 2024
In any instance where a DCF case involving allegations of
				  child abuse and neglect has been consolidated with a case transmitted by
				  another State agency, the DCF shall be deemed to have the predominant interest
				  with regard to the issue of confidentiality of any records or reports of child
				  abuse and neglect.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10A - DEPARTMENT OF CHILDREN AND FAMILIES HEARINGS › Subchapter 17 - CONSOLIDATION OF TWO OR MORE CASES; MULTIPLE AGENCY JURISDICTION CLAIM; DETERMINATIONS OF PREDOMINANT INTEREST › Section 1:10A-17.3 - Review of orders involving consolidation of cases from multiple agencies

Current through Register Vol. 56, No. 14, July 15, 2024
In any instance where a DCF case involving allegations of
				  child abuse and neglect has been consolidated with a case transmitted by
				  another State agency pursuant to
				  1:10A-17.1, a party may file
				  arguments opposing or supporting the consolidation and predominant interest
				  order with the agency heads within five working days from receipt of the
				  order.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10B - DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES APPLICANT/RECIPIENT HEARINGS › Subchapter 1 - HEARING APPLICABILITY › Section 1:10B-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this chapter shall apply to
				matters transmitted to the Office of Administrative Law by the Division of
				Medical Assistance and Health Services involving applicants for or recipients
				of Medicaid/NJ FamilyCare benefits or services.
(b) This chapter shall not apply to matters
				involving providers.
(c) Any aspect
				of the hearing not covered by these rules of special applicability shall be
				governed by the Uniform Administrative Procedure Rules (U.A.P.R.) contained in
				N.J.A.C. 1:
1. To the extent that this
				chapter is inconsistent with the U.A.P.R., this chapter shall apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10B - DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES APPLICANT/RECIPIENT HEARINGS › Subchapter 2 - DEFINITIONS › Section 1:10B-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following terms, when used in this chapter, shall have
				  the following meanings, unless the context clearly indicates otherwise.
"Applicant" means any person who has made an application to
				  become qualified to receive Medicaid/NJ FamilyCare benefits.
"Provider" means any person, public or private institution,
				  agency, or business concern approved by the Division of Medical Assistance and
				  Health Services that is lawfully providing medical care, services, goods and
				  supplies, and holding, where applicable, a current valid license to provide
				  such services or to dispense such goods or supplies.
"Recipient" means a New Jersey resident who has been
				  determined to meet the applicable eligibility criteria for the Medicaid/NJ
				  FamilyCare Program and is determined to need medical care and services
				  authorized under the New Jersey Medical Assistance and Health Services
				  Act.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10B - DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES APPLICANT/RECIPIENT HEARINGS › Subchapter 5 - REPRESENTATION › Section 1:10B-5.1 - Representation

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant/recipient may appear at a proceeding without
				  representation or may be represented by an attorney or by a relative, friend,
				  or other spokesperson pursuant to the procedures set forth at N.J.A.C. 1:1-5.4.
				  See:
				  42 CFR
				  431.206(b)(3) and 42 CFR
				  435.923.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10B - DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES APPLICANT/RECIPIENT HEARINGS › Subchapter 9 - CLERK'S NOTICE; SCHEDULING OF HEARING › Section 1:10B-9.1 - Clerk's notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Clerk shall send a written notice of
				filing and hearing to each party at least 10 days before the scheduled hearing
				date.
(b) The notice pursuant to
				(a) above shall indicate that the applicant/recipient may represent him- or
				herself or use legal counsel, a relative, a friend, or other spokesperson as
				per the Federal Fair Hearing Regulations at
				42 CFR
				431.206(b)(3) and 42 CFR
				435.923.
(c) The notice shall
				establish the hearing location, time, and date.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10B - DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES APPLICANT/RECIPIENT HEARINGS › Subchapter 9 - CLERK'S NOTICE; SCHEDULING OF HEARING › Section 1:10B-9.2 - Scheduling of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing
				shall be conducted at a reasonable time, date, and place.
(b) Upon presentation of acceptable
				information regarding an applicant's/recipient's illness or infirmity that
				would prevent his or her appearance at a hearing location, the hearing shall be
				scheduled at the applicant's/recipient's current residence.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10B - DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES APPLICANT/RECIPIENT HEARINGS › Subchapter 10 - DISCOVERY › Section 1:10B-10.1 - Discovery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county welfare agency or the Division
				of Medical Assistance and Health Services shall provide the
				applicant/recipient, or his or her authorized representative, an opportunity to
				review the entire case file and all documents and records to be used in the
				hearing. The review shall occur at a reasonable time before the hearing, as
				well as during the hearing.
(b) If
				a party wants information other than what is provided in (a) above, the party
				must request permission from the judge. The judge may permit the additional
				discovery only if there is good cause. The judge may not delay the hearing to
				allow for additional discovery.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10B - DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES APPLICANT/RECIPIENT HEARINGS › Subchapter 14 - CONDUCT OF CASES › Section 1:10B-14.1 - Attendance at hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The applicant/recipient or a representative and the county
				  welfare agency or the Division of Medical Assistance and Health Services and
				  their representatives, if any, shall attend the hearing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10B - DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES APPLICANT/RECIPIENT HEARINGS › Subchapter 14 - CONDUCT OF CASES › Section 1:10B-14.2 - Independent medical assessment

Current through Register Vol. 56, No. 14, July 15, 2024
For good cause, the administrative law judge may order an
				  independent medical assessment if the hearing involves medical issues such as
				  those concerning a diagnosis, an examining physician's report, or a medical
				  review team decision. Such medical assessment shall be at the expense of the
				  county welfare agency or of the Division of Medical Assistance and Health
				  Services and shall be part of the record.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10B - DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES APPLICANT/RECIPIENT HEARINGS › Subchapter 18 - DECISIONS › Section 1:10B-18.1 - Initial decision

Current through Register Vol. 56, No. 14, July 15, 2024
An initial decision shall be issued within 21 days from the
				  date of the hearing.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10B - DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES APPLICANT/RECIPIENT HEARINGS › Subchapter 18 - DECISIONS › Section 1:10B-18.2 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				parties wish to take exception to the initial decision, such exception must be
				submitted in writing to the Director of the Division of Medical Assistance and
				Health Services. Copies of the exception shall be served on all other parties
				and the judge.
(b) Exceptions must
				be received by the Division of Medical Assistance and Health Services no later
				than seven days after the date the initial decision was mailed to the
				parties.
(c) No replies and
				cross-exceptions shall be permitted.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 10B - DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES APPLICANT/RECIPIENT HEARINGS › Subchapter 18 - DECISIONS › Section 1:10B-18.3 - Written initial decisions

Current through Register Vol. 56, No. 14, July 15, 2024
All initial decisions shall be issued in writing. Oral
				  initial decisions are not permitted.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 11 - INSURANCE FILING HEARINGS › Subchapter 1 - APPLICABILITY › Section 1:11-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules contained in this chapter shall apply to the
				  notice and hearing of contested case matters involving the determination of a
				  filing (as defined by
				  11:1-2.6 ) submitted by an insurer
				  or a rating organization. Any aspect of notice or hearing not covered by these
				  special hearing rules shall be governed by the Uniform Administrative Procedure
				  Rules (U.A.P.R.) contained in N.J.A.C. 1:1. To the extent that these rules are
				  inconsistent with the U.A.P.R., these rules shall apply.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 11 - INSURANCE FILING HEARINGS › Subchapter 15 - EVIDENCE › Section 1:11-15.1 - Evidence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least 10
				days prior to the commencement of the hearing or 10 days prior to the date on
				which an expert witness is scheduled to testify, the parties shall exchange,
				and shall file with the judge, written testimony for each individual that the
				party intends to call as an expert witness. The written testimony shall include
				the name, address, title, credentials and area of expertise of the witness and
				the nature and substance of his or her testimony.
(b) At the same time that the written
				testimony is exchanged, the parties shall also exchange all supporting data,
				calculations, work sheets and similar materials used by the expert witness in
				developing the written testimony. This supporting data shall not be filed with
				the judge. If the data has been previously distributed to the parties, through
				discovery or otherwise, the data need not be exchanged at this time.
(c) All written testimony which meets the
				requirements of
				1:1-15.1 et seq. shall be
				admissible. Parties may object to the admissibility of the written testimony at
				the evidentiary hearing. When the prefiled testimony of a witness is admitted
				into evidence, the witness shall be made available and subject to
				cross-examination.
(d) Upon
				application of a party, the judge may exclude, in whole or in part, the
				testimony of a witness for failure to comply with the requirements of this
				section.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 1 - HEARING APPLICABILITY › Section 1:12-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter shall apply to unemployment
				  benefit cases, State plan temporary disability hearings, and State plan family
				  leave insurance hearings, under
				  43:21-50(b),
				  heard by the Board of Review or the appeal tribunals of the Department of Labor
				  and Workforce Development pursuant to
				  43:21-1 (see also N.J.A.C. 12:20).
				  Private plan temporary disability and private plan family leave insurance cases
				  heard by hearing officers of the Department of Labor and Workforce Development
				  pursuant to
				  43:21-50(a) 
				  shall be conducted in accordance with N.J.A.C. 1:12A.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 2 - DEFINITIONS › Section 1:12-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Appeal tribunal" means the entity which conducts hearings
				  and renders decisions concerning employer and employee appeals of decisions for
				  unemployment, State plan temporary disability and State plan family leave
				  insurance benefits made at the local office level. In so doing, the appeal
				  tribunal acts as agency head.
"Appellate body" means either the appeal tribunal, Board of
				  Review or hearing officer which is conducting the proceeding.
"Board of Review" means the entity which conducts appeals of
				  unemployment benefit determinations and State plan temporary disability and
				  State plan family leave insurance claim determinations made by an appeal
				  tribunal. In so doing, the Board of Review acts as agency head.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 5 - REPRESENTATION › Section 1:12-5.1 - Representation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A party may
				represent himself or herself or may be represented by an attorney or a
				non-lawyer representative pursuant to R. 1:21-1(f)(11). Representation by an
				attorney shall be at the party's expense. Representation by a non-lawyer
				representative shall comply with
				1:1-5.4.
(b) In any unemployment benefits proceeding
				and in any State plan temporary disability and State plan family leave
				insurance claim proceeding of an appeal before an appeal tribunal or the Board
				of Review, all fees for attorneys representing claimants shall be approved by
				the Board of Review after it receives submission of an authorization form and a
				copy of the applicable decision.
(c) The amount of fees approved for persons
				representing claimants shall be discretionary with the Board of Review. In
				determining the amount of fees, the Board of Review shall at least consider the
				following factors:
1. The amount of time spent
				on the case;
2. The complexity of
				the case;
3. The services performed
				as noted on the authorization form or any other documentation to the Board of
				Review; and
4. The results achieved
				(that is, favorable or unfavorable).
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 9 - SCHEDULING › Section 1:12-9.1 - Notice of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Written
				notices of the time and place of any in-person or telephone hearing shall be
				mailed to the parties in interest at least five days before the date of hearing
				but a shorter notice may be given if not prejudicial to the parties.
(b) The notice of hearing shall contain at
				least the following information:
1. That the
				parties have a right to object to an in-person or telephone hearing, whichever
				is scheduled; and
2. Written
				instructions as to how the hearing shall be conducted.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 9 - SCHEDULING › Section 1:12-9.2 - Adjournments

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Adjournments shall be granted only in exceptional situations which could not
				have been reasonably foreseen or prevented.
(b) Requests for adjournment of hearings
				scheduled before the appeal tribunal shall be made to the appeal tribunal which
				shall use its best judgment as to when adjournments of hearings shall be
				granted in order to secure all facts that are necessary and to be fair to the
				parties.
(c) Applications and
				requests for adjournment of hearings scheduled before the Board of Review shall
				be made at least 24 hours before the date of the scheduled hearing and shall be
				granted at the discretion of the Board of Review.
(d) All parties to an adjournment shall be
				responsible for giving prompt notice to their witnesses as to the
				adjournment.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 11 - SUBPOENAS › Section 1:12-11.1 - Subpoenas

Current through Register Vol. 56, No. 14, July 15, 2024
Subpoenas to compel the attendance of witnesses and the
				  production of records for any hearing on an appeal may be directed to be issued
				  by a member of the Board of Review in cases appealed to the Board of Review, or
				  by the appeal tribunal, in cases appealed to an appeal tribunal, only upon the
				  showing of the necessity therefor by the party applying for the issuance for
				  such subpoena.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 11 - SUBPOENAS › Section 1:12-11.2 - Witness fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Witness
				fees at the rate of $ 1.00 for each day of attendance upon a hearing in
				response to a subpoena ad testificandum and mileage at the rate of $ 0.25 per
				mile from the residence of the witness to the place of hearing and return,
				shall be allowed and paid upon presentation of a voucher signed by the witness
				and properly certified by a member of the appellate body before whom the
				witness appeared.
(b) Witness fees
				at the rate of $ 2.00 for each day of attendance upon a hearing in response to
				a subpoena duces tecum and mileage at the rate of $ 0.25 per mile from the
				residence of the witness to the place of hearing and return, shall be allowed
				and paid upon the presentation of a voucher signed by the witness and properly
				certified by a member of the appellate body before whom the witness appeared.
New Jersey Administrative Code › Title 1 - ADMINISTRATIVE LAW › Chapter 12 - UNEMPLOYMENT BENEFIT, STATE PLAN TEMPORARY DISABILITY AND STATE PLAN FAMILY LEAVE INSURANCE CASES › Subchapter 14 - CONDUCT OF CASES › Section 1:12-14.1 - Public hearings

Current through Register Vol. 56, No. 14, July 15, 2024
Hearings shall, in the absence of a showing of sufficient
				  cause for a closed hearing, be open to the public.