reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 7 - ADDITIONAL AGENCY RESPONSIBILITIES › Section 10:90-7.1 - Establishment and maintenance of case records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The case record
				is the official file, whether computerized or hard copy, of forms,
				chronological narrative, correspondence and other documents pertinent to the
				application and determination of eligibility for WFNJ benefits. It constitutes
				a complete record of the county/municipal agency's decisions and actions
				concerning eligibility for assistance in each case. Since it is the record on
				which decisions to grant, deny or continue assistance in accordance with law
				and regulations are made, it is mandatory that a case record be established and
				maintained for every individual who applies for and/or receives WFNJ benefits.
1. Records shall also be established and kept
				when emergency assistance or service payments are made to or on behalf of SSI
				recipients. Records shall likewise be established when burial expense payments
				are made on behalf of non-WFNJ recipients pursuant to the listing of persons
				who may be eligible for such payments as found in
				10:90-8.2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 7 - ADDITIONAL AGENCY RESPONSIBILITIES › Section 10:90-7.2 - Contents of the case record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The validity of
				all case action rests primarily on the corroborating data in the case record,
				whether computerized or hard copy. The following items shall be part of the
				case record:
1. All completed forms necessary
				for the appropriate assistance programs;
2. A record of any contact with the WFNJ
				client and a summary of the information obtained;
3. All related referrals, correspondence,
				memoranda and documents, except those which are required by law or regulation
				to be maintained in some other files; and
4. A record of all pertinent verifications,
				such as, but not limited to, birth certificates, Social Security numbers,
				driver's licenses, and so forth.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 7 - ADDITIONAL AGENCY RESPONSIBILITIES › Section 10:90-7.3 - Maintenance, custody, movement and transfer of case records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				county/municipal agency shall maintain an up-to-date record of all cases of
				recipients approved to receive assistance while out of the State.
(b) There shall be a supervisory review of
				the status of these cases to assure that no payments are issued beyond the
				period for which approval has been given, unless and until an extension of
				continued assistance is approved by the DFD, and that payments are terminated
				when and if eligibility ceases.
(c)
				Recipients who are receiving assistance out-of-State shall be afforded the same
				full advance notice, including information about their hearing rights, in
				accordance with present policy. A copy of any such notice shall be sent to any
				out-of-State agency with which there has been communication regarding the
				case.
(d) Responsibility for WFNJ
				benefits shall move from one county/municipality to another when a
				recipient/family moves to another county/municipality.
1. WFNJ/GA cases shall be closed in the
				county/municipality of origin, and a new case will open in the receiving
				county/municipality provided application has been made and the recipient
				remains eligible. The case records do not transfer from the agency of origin to
				the receiving agency.
2. WFNJ/TANF
				case records shall be transferred to the receiving county provided application
				has been made and the recipient remains eligible. The case records are
				transferred from the county of origin to the receiving county as outlined in
				(g) below.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 7 - ADDITIONAL AGENCY RESPONSIBILITIES › Section 10:90-7.4 - Issuance of photo identification cards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each WFNJ/TANF
				adult recipient shall be required, as a condition of eligibility, either to
				participate in personal identification requirements, which may employ the use
				of high technology processes, or to accept a photo identification (ID) card, as
				appropriate, and agree to be photographed for the purpose of placing a photo on
				an ID card unless refusal to do so is based on the reasons found in (d)3 and 4
				below. Agencies administering the WFNJ TANF/GA program shall have the option of
				issuing a photo ID card to recipients.
(b) The county agency shall establish a
				procedure for completion of the ID card that shall ensure that the WFNJ
				recipient need make only one visit to the agency for that purpose.
(c) Each photo ID card shall, at a minimum,
				include the name, case number, color photograph and signature of the recipient.
				The county seal or other type of logo produced via a validation plate shall
				overlap upon the ID card and the photo to preclude substitution of the
				photo.
(d) If the payee in the
				assistance unit refuses to accept the ID card or refuses other than for reasons
				of religious belief or disfigurement (see (e)3 and 4 below) to be photographed
				for the purpose of placing a photo on an ID card, the following shall apply to
				families with children:
1. If there is only
				one adult in an assistance unit with dependent children, that individual shall
				be considered ineligible for assistance and any WFNJ benefits to which the
				children in the assistance unit are entitled shall be issued in the form of
				protective payments (see N.J.A.C. 10:90-3 ). The ineligible adult may not be
				named as payee.
2. If there are two
				adults in the assistance unit with dependent children, the other adult shall be
				given the opportunity to become the payee, be photographed and accept the ID
				card. If the other adult also refuses to be photographed and/or accept the ID
				card, both adults shall be considered ineligible for WFNJ benefits and any
				benefits to which the remaining members of the assistance unit are entitled
				shall be issued in the form of protective payments. Neither ineligible adult
				may be named as protective payee.
3. In instances where a recipient payee's
				religious beliefs do not allow the taking of his or her photograph, the payee
				may accept an ID without a photograph.
4. In instances where a recipient payee does
				not wish to be photographed because of disfigurement, the payee may accept the
				ID card without a photograph.
5.
				Where a protective payee has been appointed, such payee may elect to either
				accept or refuse an ID card, with or without a photograph. This equally applies
				to non-needy parent persons and SSI recipients.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 7 - ADDITIONAL AGENCY RESPONSIBILITIES › Section 10:90-7.5 - Lost or stolen benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				notification from a recipient that his or her WFNJ benefits have been lost or
				stolen, the county/municipal agency shall immediately secure the recipient's
				affidavit of the facts and circumstances. In a situation in which the benefits
				were issued by check, the county/ municipal agency shall file a stop payment
				order with the bank. Within 10 working days, the county/municipal agency shall
				either issue a duplicate check or provide written notice that the check shall
				not be replaced. The notice will be provided in accordance with N.J.A.C.
				10:90-9 concerning notices and fair hearings.
(b) The county/municipal agency shall decline
				to issue a replacement check when any of the following exists:
1. The payee of the check fails or refuses to
				make a report to the local police about a stolen check or fails or refuses to
				cooperate in a police investigation;
2. The payee of the check fails or refuses to
				provide an affidavit of the facts and circumstances of the loss or
				theft;
3. The endorsement on the
				original check is certified to be that of the payee by a person qualified to
				present expert testimony in handwriting analysis before the New Jersey courts.
				Such expertise may be available through or from the New Jersey State Police,
				the Office of the Attorney General, a county prosecutor, a member of the
				American Society of Questioned Document Examiners or a member of the National
				Association of Document Examiners; or
4. The identification of the person cashing
				the original check as the payee or representative of the payee is convincingly
				established by one or more mechanical or procedural methods such as a
				photograph, a videotape, or the recording at the time of the transaction of the
				number of an ID card which has not been reported lost or stolen.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 7 - ADDITIONAL AGENCY RESPONSIBILITIES › Section 10:90-7.6 - Reporting of child abuse and neglect

Current through Register Vol. 56, No. 14, July 15, 2024
County and municipal agencies are required by State law to
				  report known or suspected instances of or risk of child abuse and neglect of a
				  child to the Division of Child Protection and Permanency. Instances of abuse or
				  neglect involve situations where a child experiences physical or mental injury,
				  sexual abuse or exploitation or negligent treatment or maltreatment under
				  circumstances which indicate that the childs health or welfare is
				  threatened.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 7 - ADDITIONAL AGENCY RESPONSIBILITIES › Section 10:90-7.7 - Confidential nature of information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Information
				about applicants for or recipients of WFNJ benefits shall be used or disclosed
				only for purposes directly related to the administration of public assistance
				and related services, including Title IV-E (foster care and adoption assistance
				programs), HUD Section 8 housing, school lunch programs, which cannot be
				offered without such information. County/municipal officials and appointees,
				members of the governing body and county/municipal employees not under the
				jurisdiction of the county/municipal agency director are not permitted access
				to public assistance records.
1. Any person
				or entity under contract to provide services to the program shall comply with
				this section.
2. The provisions of
				this section shall not be construed as prohibiting the exchange of information
				among agencies, organizations or other entities as prescribed by the
				Commissioner or pursuant to Federal requirements.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 7 - ADDITIONAL AGENCY RESPONSIBILITIES › Section 10:90-7.8 - Settlement of suits and claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				P.L.
				1997, c. 38,
				(44:10-64 ), upon liquidation of a
				claim or interest (other than liquidation of nonexempt real property) for which
				a written promise to repay (Form WFNJ-10D, Agreement to Repay) has been
				executed, regardless of whether or not the person(s) involved are receiving
				assistance at the time, the county or municipal agency shall notify the
				person(s) of its claim and pursue repayment of the assistance granted from the
				date of eligibility for that payment, with the exception of any portion of a
				personal injury award which a court specifically awards to a child to make the
				child whole as a result of an injury, or any other benefits specifically
				protected by law.
1. RSDI, SSI (unless
				subject to interim assistance agreements), Railroad Retirement, Worker's
				Compensation, Veteran's Administration benefits, temporary disability benefits,
				and term life insurance are exempted by law from the repayment process.
				However, lump sum payments from these sources are subject to the lump sum
				regulations at
				10:90-3.18.
2. Nothing in these rules shall be held as
				preventing the county/municipal agency from moving to recover assistance
				granted from other sources, such as, but not limited to, payments in the nature
				of a windfall, such as inheritances, lottery, casino and racetrack winnings.
				Such funds shall be subject to the rules of this section, less any portion
				which has been disregarded in order to purchase items which are integral to
				promoting self-sufficiency. Any remaining funds shall then be subject to the
				lump sum income provisions at N.J.A.C. 10:90-3.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 8 - SPECIAL PROVISIONS FOR PAYMENT OF FUNERAL AND BURIAL EXPENSES › Section 10:90-8.1 - Payment of funeral and burial expenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Payment of
				funeral and burial expenses may be provided for recipients of WFNJ and certain
				others as identified in this subchapter. Payments for such expenses are not a
				benefit automatically payable at death, but are a means of supplementing the
				resources, when available, of the deceased recipient, of his or her family,
				including voluntary contributions.
(b) Payment, if issued, shall be made by the
				chargeable county or municipal agency which occurs first in the following
				order: the agency which granted assistance for the month in which the person
				died; the agency which would, but for the death, have made the next grant of
				assistance; the agency which made the most recent grant of assistance; or the
				agency which took an application for assistance and had determined the person
				eligible but had issued no benefits prior to death. With respect to SSI
				recipients, the chargeable county agency for any burial and/or funeral claim is
				the county agency of the county in which the decedent was last a resident.
				Residence is not changed by entering a hospital but is changed by entering a
				residential health care facility or long-term care facility.
(c) It is recognized that county agencies may
				encounter situations where burials must be provided at public expense for
				persons who do not come within the classifications specified in
				10:90-8.2. Such burials are
				governed by statutes unrelated to the WFNJ program. State aid cannot be used to
				pay for these burials. The statutes applicable to this situation include
				40A:9-49.1.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 8 - SPECIAL PROVISIONS FOR PAYMENT OF FUNERAL AND BURIAL EXPENSES › Section 10:90-8.3 - Funeral and burial contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The right and
				responsibility to arrange and contract for funeral and burial services rests
				with the next of kin of the decedent. In the absence of any next of kin,
				arrangements may be made by any interested party such as a friend, member of
				the clergy, or nursing home or hospital administrator. This subchapter shall
				not control or impair a contract between a funeral director or next of kin or
				other party except to the extent that the contract shall not result in a claim
				against the county or municipal agency or against any assets legally owed to
				the agency.
1. In the complete absence and
				only in the complete absence of any next of kin and when no other person is
				available to make the arrangements, the county or municipal agency may do so.
				The availability of funds is not to be a factor in determining whether or not
				the agency will make the arrangements. The county or municipal agency will
				select funeral directors for such contracting in consultation with the county
				association of funeral directors.
i. A
				contract negotiated by a county or municipal agency shall be in accord with all
				provisions of this subchapter, including the cost, even though the cost may not
				be met from public funds.
ii. A
				contract negotiated by a county or municipal agency may be concluded orally but
				shall be confirmed by letter from the county or municipal agency to the funeral
				director.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 8 - SPECIAL PROVISIONS FOR PAYMENT OF FUNERAL AND BURIAL EXPENSES › Section 10:90-8.4 - Definitions and conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When either of
				the contracting parties contemplates that a county or municipal agency will be
				asked to pay any part of the cost of a funeral and burial or cremation, either
				or both parties shall notify and consult with the county or municipal agency
				before the services take place. The probable allowance or disallowance of the
				claim shall be discussed at that time, but the agency is under no obligation to
				make a commitment of payment. The requirement of prior notice may be waived by
				the county or municipal agency upon a showing of good cause (as determined by
				the agency) which is not prejudicial to the validity of the claim.
1. If, however, the religious traditions of
				the decedent mandate that burial must occur within a timeframe which will not
				permit prior notice due to closure of the county or municipal agency on
				weekends or holidays, either or both of the contracting parties shall be
				permitted to notify the appropriate agency of the anticipated petition for
				payment on the first business day following the day of burial.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 8 - SPECIAL PROVISIONS FOR PAYMENT OF FUNERAL AND BURIAL EXPENSES › Section 10:90-8.5 - Authorization of payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Funeral
				services and cemetery costs shall be separated and paid separately. Funeral
				directors shall complete and submit Form WFNJ-11M, Affidavit and Petition for
				Payment Mortuary, to the county or municipal agency to receive payment.
				Cemetery representatives shall complete and submit Form WFNJ-11C, Affidavit and
				Petition for Payment Cemetery, to the county or municipal agency to receive
				payment. The total maximum allowances for a decedent is the sum of the
				applicable funeral allowance and cemetery allowance pursuant to (a)1, 2, 3, and
				4 below.
1. The allowance for funeral
				services, exclusive of cemetery costs are, as follows:
i. The funeral allowance for an adult, which
				shall apply to decedents two years of age and older, is the total amount
				charged or $ 3,056, whichever is less;
ii. The funeral allowance for a stillborn
				birth up to six days old is the total amount charged or $ 1,933, whichever is
				less; and
iii. The funeral
				allowance for a one-week through 23-month-old child is the total amount charged
				or $ 2,494, whichever is less.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 8 - SPECIAL PROVISIONS FOR PAYMENT OF FUNERAL AND BURIAL EXPENSES › Section 10:90-8.6 - Time of payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The amount to
				be allowed on any claim shall, in the absence of known irregularity, be paid as
				promptly as possible after such amount is determined and, in any event, within
				30 calendar days thereafter. The county or municipal agency shall provide
				notice of its determination to all parties to the funeral contract and to any
				others who have both a need for the information and the right to receive it.
				When the county agency is contacted for payment of funeral or burial services
				before payment is authorized, the agency shall review the case in order to
				determine if any adjustments need to be made to the decedent's case. Only after
				appropriate case action has been taken shall payment for the burial/funeral be
				made.
1. In the event that a determination
				cannot be made within 10 calendar days after receipt of a petition for payment
				solely because information about a determination of eligibility for payment of
				death benefits by one or more other agencies is not available, the county or
				municipal agency shall make a tentative determination based on the assumption
				of favorable action by the other agencies. The county or municipal agency will
				remit the difference within 30 calendar days following the tentative
				determination. Upon receipt of information about the determination(s) of the
				other agencies, the county or municipal agency shall make a final determination
				and remit any balance due to the petitioner within 30 calendar days of the
				final determination.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 8 - SPECIAL PROVISIONS FOR PAYMENT OF FUNERAL AND BURIAL EXPENSES › Section 10:90-8.7 - Irregularities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event of
				a dispute or disagreement about a claim which cannot be readily resolved
				between the agency and the claimant, the county or municipal agency shall
				submit the matter to the DFD for review and advice.
(b) In the event that the county or municipal
				agency becomes aware of the filing of any claim for payment with another person
				or agency which is in duplication of or is inconsistent with any claim received
				by the county or municipal agency, the agency shall:
1. Advise the other person or agency of the
				circumstances and take all appropriate steps to assert and secure the county or
				municipality's rights;
2. In the
				absence of a prompt local resolution of the matter, report it to the DFD for
				review and advice; and
3. Determine
				whether any violation of a criminal nature may have occurred and, if so, report
				the matter in writing to the County Prosecutor.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 8 - SPECIAL PROVISIONS FOR PAYMENT OF FUNERAL AND BURIAL EXPENSES › Section 10:90-8.8 - Requirements pertaining to SSI or Medicaid Only recipients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any instance
				in which the agency has either a lien or claim on the assets of a decedent by
				reason of previous assistance granted or payment of burial, the agency shall
				notify all known holders of the decedent's assets or funds of its interest. It
				shall request that such funds be remitted to the agency (up to the amount of
				the agency's interest), taking such steps as may be necessary to acquire the
				funds. If, after reimbursement to the agency in full, a surplus remains or will
				remain, either in agency accounts or the accounts of others, the agency shall
				determine whether any or all of the surplus funds are the proceeds of assigned
				life insurance for which there had been a named beneficiary. If so, the agency
				shall remit to the beneficiary any such funds in its possession. The agency
				shall notify the Chief, Bureau of Medical Care Surveillance in the Division of
				Medical Assistance and Health Services, as above, of any other surpluses
				including those arising from assigned life insurance for which the beneficiary
				was the estate of the decedent. Benefits from term life insurance are exempt
				from re-payment of prior assistance.
1. When
				more than one agency is involved either by reason of a claim or by liquidation
				of resources, the agencies shall distribute the available funds by mutual
				consent of the directors, in each instance applying resource funds to burial
				costs before taking reimbursement of assistance costs.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.1 - Notice to applicant/recipient

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county or
				municipal agency shall provide adequate notice to an applicant for or recipient
				of WFNJ benefits of any action to be taken that affects the applicant's or
				recipient's benefits.
1. An adequate notice
				is a written or computer generated notice that includes the following:
i. The action the county or municipal agency
				intends to take;
ii. The reasons
				for the intended action;
iii. The
				specific regulations supporting the intended action;
iv. An explanation of the individual's right
				to request a fair hearing;
v. An
				explanation of the circumstances under which assistance is continued if a
				hearing is requested;
vi. An
				explanation of the requirement to repay assistance received during the period
				pending the hearing, if the action is upheld;
vii. If the English version of the notice is
				not available in Spanish, the notice shall contain a sentence in Spanish
				cautioning the individual that the notice relates to a change in his or her
				grant and if he or she does not understand the notice, he or she should contact
				the county or municipal agency; and
viii. The name, address and phone number of
				the legal services office, where available.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.2 - Definitions related to hearings

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise.
"Administrative hearings" are hearings concerning either
				  contested cases or non-contested cases, which have been determined by the
				  Director of the Division of Family Development (DFD) in accordance with
				  N.J.A.C. 1:1, to be appropriately heard in the Office of Administrative Law
				  (see N.J.A.C. 10:6).
"Administrative Law Judge" (ALJ) means the person from the
				  Office of Administrative Law (OAL) who conducts the hearing and who writes an
				  initial decision which may be reviewed by the Director of the DFD.
"Administrative review" means a review of a disputed matter
				  which has been determined by the Director of the DFD not to constitute a
				  contested case and therefore remains in the DFD for review. At the discretion
				  of the Director, an administrative review may be conducted as a procedure at
				  which parties appear and are heard or it may be a paper review only (see
				  N.J.A.C. 10:6-2 ).
"Administrative review official" is a representative of the
				  State, Department of Human Services, assigned to conduct an administrative
				  review.
"Contested case" means a dispute that is heard by an
				  Administrative Law Judge. (For statutory definition see
				  52:14B-2(b); see
				  also 1:1-1.5 and 1.6.).
"Fair hearing" means a formal or informal procedure through
				  which a WFNJ recipient may protest an adverse action or decision of the county/
				  municipal agency regarding eligibility, amount or manner of granting
				  assistance. Fair hearing is a general term which includes administrative
				  hearing and administrative review at the State level, as well as a local
				  hearing proceeding convened by a municipal agency at the request of a WFNJ/GA
				  recipient.
"Initial decision" means the decision of an ALJ that is sent
				  to the Director of the DFD, who may accept, reject or modify it within 45
				  days.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.3 - Right to a fair hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is the right
				of every applicant for or recipient of WFNJ adversely affected by an action of
				a county or municipal agency to be afforded a fair hearing in a manner
				established by the rules in this subchapter, by the Uniform Administrative
				Procedure Rules (N.J.A.C. 1:1) and N.J.A.C. 1:10, Family Development Hearings.
				These rules have been established pursuant to Federal regulations, and the New
				Jersey Administrative Procedure Act (52:14B-1 et seq.).
(b) County or municipal agency actions which
				adversely affect an applicant or recipient include any action, inaction,
				refusal of action, or unduly delayed action with respect to program
				eligibility, including denial, termination or suspension of benefits,
				adjustment in the level of benefits or work requirements, or designation of a
				protective payee.
(c) No fair
				hearing will be granted when either State or Federal legislative action which
				affects all or part of a recipient population results in the reduction or
				termination of assistance, unless the reason for an individual appeal is
				incorrect grant computation.
(d)
				The notification of the right to a fair hearing shall be incorporated in or
				attached to each adverse action notice (denial, termination, reduction,
				suspension). The notice shall include an explanation of how to request a fair
				hearing, time limits on requesting a hearing, the right to examine evidence and
				the circumstances under which benefits are continued unreduced.
(e) When a request for a fair hearing is made
				within 15 calendar days from the date of mailing of a notice of termination,
				suspension or reduction, benefits shall be continued at an unreduced level
				until the scheduled date of the administrative hearing or the date of the
				administrative review, unless the recipient waives such entitlement or requests
				postponement of the scheduled hearing or review date. When a fair hearing is
				requested because of a notice regarding a three-month progressive sanction and
				such request is made before the date of the case closure, benefits shall
				continue unaltered. In the event the recipient elects to receive continued
				benefits, they shall be continued unreduced pending a final decision.
(f) An adjournment of a hearing at the
				request of a recipient shall not prolong continuation of benefits at an
				unreduced level, unless the adjournment is due to: delay caused by the DFD, OAL
				or the county/municipal agency; unavoidable causes, such as an illness on the
				part of the recipient or the failure of the agency to provide transportation
				when such assistance is required by regulations. Adjournment at the request of
				the county/municipal agency or by the ALJ shall not affect continued
				benefits.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.4 - Rules applicable to WFNJ/GA applicants/recipients

Current through Register Vol. 56, No. 14, July 15, 2024
(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
				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
				10:90-9.3(b)1.
				See 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.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.5 - Responsibilities of the county/municipal agency in processing hearing requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To assure
				orderly and expeditious processing of complaints and hearing requests, each
				county agency will designate a liaison between the agency and the DFD whose
				duties shall include, but not be limited to, the following. These duties shall
				likewise apply to the municipal agency director when a WFNJ/GA recipient has
				requested a State fair hearing under the circumstances listed in
				10:90-9.10.
1. Informing the Bureau of Administrative
				Review and Appeals (BARA) by telephone or FAX on the same day in which an oral
				or written request for a hearing is received, providing BARA with the following
				information:
i. The case number and the
				applicant/recipient's name and address;
ii. The date the request was
				received;
iii. The nature of the
				contested action;
iv. The date of
				the action; and
v. The reason for
				the action;
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.6 - Responsibilities of the Division of Family Development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each request
				for a fair hearing shall be registered by BARA on the date the request is
				received.
(b) Requests initially
				received in BARA will be transmitted by telephone or FAX to the appropriate
				county or municipal agency (in the event that a WFNJ/GA recipient requests a
				hearing directly from the State office) on the date received.
(c) BARA will transmit each contested case to
				OAL within five business days of the receipt of the request.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.7 - Responsibilities of the Office of Administrative Law upon transmittal of a contested case from DFD

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office of
				Administrative Law shall schedule the hearing and shall send any necessary
				notices to the parties.
(b) The
				hearing shall be conducted by an ALJ who shall issue an initial decision.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.8 - Administrative hearings and administrative reviews

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests on
				matters which constitute a contested case (as defined by N.J.A.C. 1:1-1 and
				consistent with case law) shall be handled in accordance with the Department of
				Human Services (DHS) rules on hearings at
				10:6-1.3(a).
(b) Requests on matters which do not
				constitute a contested case (as defined by N.J.A.C. 1:1-1 and consistent with
				case law) shall be handled in accord with the DHS rule on hearings at
				10:6-1.3(b).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.9 - Complaints and adjustment procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prompt and
				courteous attention shall be given to all complaints, whether or not such
				complaints constitute requests for fair hearings and whether or not they are
				directed to the county or municipal agency or the DFD. All complaints received
				shall be acknowledged promptly and, if it is not apparent from the complaint
				that a fair hearing request has been made, the acknowledgment shall inform the
				recipient of his or her right to a fair hearing.
(b) Informal efforts to effect an adjustment
				may be made through field contacts, office interviews with supervisory
				personnel, consultation with the DFD Field Representative, and so forth. In no
				event, however, are such informal efforts to be considered as prerequisite to a
				fair hearing, and in no event do they delay, interfere with or otherwise impede
				the processing of a fair hearing whenever a request for such is made. Agency
				emphasis must be on helping the client to prepare and submit his or her request
				for a fair hearing.
(c) Any clear
				expression (oral or written) by an applicant or recipient (or person acting for
				him or her, such as his or her legal representative or relative) to the effect
				that the individual wants the opportunity to present his or her case to a
				higher authority constitutes a request for a fair hearing.
(d) A request for a fair hearing may be
				either oral or in writing and addressed to the county or municipal agency or to
				the DFD. Oral requests for fair hearings shall be immediately reduced to a
				written record by the staff person to whom the request is made. No special form
				of statement or manner of expression is required so long as the request
				identifies the nature of the complaint and the relief sought. Requests made to
				the county agency, or to the municipal agency for a State fair hearing, shall
				be immediately transmitted to the BARA, and in no event later than one business
				day after receipt of the request.
(e) Upon receipt of any request for a fair
				hearing, a determination shall be made by BARA on the appropriateness of
				conducting either an administrative hearing or administrative review
				(10:6-1.3(b)  ).
				If the matter is deemed contested, BARA will send an acknowledgment of the
				request to the recipient, along with a copy of the statement entitled "How a
				Fair Hearing is Conducted," together with a Notice of Status of Continuing
				Benefits Following Request for a Fair Hearing (Form WFNJ-850). All contested
				cases will be promptly forwarded to the OAL for a hearing before an
				ALJ.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.10 - Time limitations on entitlement to fair hearings (county and municipal)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In WFNJ/TANF,
				an applicant or recipient has a right to request a fair hearing which relates
				to a county agency action or lack of action within 90 calendar days of such
				action or lack of action.
(b) In
				WFNJ/TANF, if the request for a fair hearing relates to a county agency action
				or lack of action that occurred more than three months (90 calendar days) prior
				to the date of the request, there shall be no entitlement to a hearing on such
				action or lack of action, unless extraordinary and extenuating circumstances,
				such as, but not limited to, serious illness or injury, exist as determined by
				the DFD.
(c) In WFNJ/GA, a local
				hearing shall be held when the request for such hearing is made within 90
				calendar days of the mailing date of the notice of adverse action. Requests
				based on denial of the right to apply are timely if made within 90 calendar
				days of the contact with the municipal agency. Requests based on lack of a
				formal response to an application are timely if made within 90 calendar days
				subsequent to the end of the 30 calendar day processing period.
1. A local hearing shall be convened within
				15 calendar days of the date of request. When a local hearing has not been
				convened within 15 days, the applicant may request and be granted a State fair
				hearing. In such event, the request for a local hearing is considered canceled
				but local efforts at reconciliation may and should continue to the maximum
				extent possible.
2. Any client who
				wishes to appeal the decision resulting from a local hearing is entitled to
				request a State fair hearing within 90 calendar days of the mailing date of the
				local hearing decision. Such request shall be written and may be made to the
				municipal agency or directly to the DFD. State fair hearing requests pertaining
				to inaction or delay by the municipal agency shall be processed as emergency
				fair hearings (see
				10:90-9.17 ) as long as the
				request is made within 15 calendar days of the date of inaction by the
				municipal agency.
i. When the municipal
				agency receives a request for a State fair hearing from a client who is
				dissatisfied with the decision of a local hearing, the municipal agency shall
				inform the BARA by telephone or Fax on the same day the request is
				received.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.11 - Access to case file and documents prior to hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Subsequent to receipt of a hearing request, the county or
				  municipal agency shall provide the applicant/recipient and/or his or her
				  authorized representative with an opportunity to review the entire case file
				  and documents and records to be used by the agency at the administrative
				  hearing. Such materials shall be made available at a reasonable time before the
				  scheduled hearing date, as well as during the hearing. See
				  10:90-7.1(c)  for
				  a statement of the right to review the case file.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.12 - Representation at hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant or
				recipient may appear at a proceeding without legal representation, be
				represented by an attorney or be assisted in presentation by a relative,
				friend, or other spokesperson pursuant to
				1:10-5.1 or
				1:1-5.4. County or municipal agency
				staff shall help individuals make use of any legal services available in the
				community that can provide legal representation at the fair hearing, and shall
				arrange for an interpreter when an applicant/recipient is non-English
				speaking.
(b) The county or
				municipal agency representative must have knowledge of the matter at issue and
				must be able to present the agency case, supplying the ALJ with that
				information needed to substantiate the agency action. If the agency
				representative feels that he or she must be an advocate of the client and is
				unable to represent the agency, then another agency staff person must appear at
				the hearing to fulfill the above identified role.
(c) In hearings involving a determination
				made by any component of the DFD, the matter at issue shall be presented by the
				appropriate staff representative(s) of the DFD.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.13 - Disposition of hearing request through withdrawal, abandonment or settlement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to
				transmittal to the OAL, if an applicant/recipient desires that a hearing
				request be withdrawn, that individual shall notify the county or municipal
				agency or the DFD of the withdrawal request. The DFD shall request, but not
				require, that a decision to withdraw be confirmed in writing. The DFD shall in
				turn acknowledge, in writing, receipt of the withdrawal request.
(b) No county or municipal agency shall deny
				or dismiss a request for a State fair hearing. The determination on the
				validity of each hearing request shall be made by the DFD, including any
				determination on the appropriateness of processing hearing requests pursuant to
				10:6-1.3.
(c) The filing of a request for a fair
				hearing shall not of itself preclude continued efforts to accomplish corrective
				action, settlement, adjustment or any other agreement through informal
				procedures. Any withdrawal or abandonment or any settlement or agreement
				reached, subsequent to the transmittal of the case to the OAL, shall be
				processed according to N.J.A.C. 1:1-1 including any Rules of Special
				Applicability which may apply to disposition by settlement or
				withdrawal.
(d) In instances of
				local agency hearings pursuant to
				10:90-9.4, if an
				applicant/recipient of WFNJ/GA or his or her representative fails to appear for
				a scheduled hearing without giving proper notice, a notice of abandonment shall
				be sent by the county or municipal agency confirming the applicant/recipient's
				failure to appear on the date scheduled and inviting him or her to submit an
				excuse, in writing or by telephone, for nonappearance within three business
				days if another scheduling is desired. If no reply is received after three
				business days, no further hearing date shall be established.
1. Proper notice, in both WFNJ/TANF and GA,
				shall mean that notice is received by the county or municipal agency, the DFD,
				or OAL, as appropriate, not later than the scheduled date of the hearing, that
				the applicant/recipient will be unable to attend for unavoidable cause. If a
				WFNJ/GA client fails to appear for a local hearing and so advises the county or
				municipal agency, the hearing shall be adjourned and rescheduled.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.14 - Adjournments

Current through Register Vol. 56, No. 14, July 15, 2024
Any adjournment requested by a county or municipal agency or
				  the DFD and granted by the OAL may not operate to extend the deadlines for a
				  final decision and agency implementation of the final decision.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.15 - Hearings involving medical issues

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the hearing
				involves medical issues, requiring a diagnosis or a report from an examining
				physician, or concerning a determination by the State Disability Review Unit
				(within the Division of Medical Assistance and Health Services), the ALJ may
				issue an order requiring a medical assessment by someone other than the person
				who made the original medical determination.
(b) The county or municipal agency shall pay
				for this medical assessment which shall be obtained at reasonable expense.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 9 - NOTICES AND HEARINGS IN WFNJ › Section 10:90-9.16 - Decision by Director, Division of Family Development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following
				issuance of an Initial Decision by the ALJ, a final administrative hearing
				decision will be rendered by the Director of the DFD. The applicant/recipient,
				his or her representative and, as appropriate, the county or municipal agency
				shall be notified by mail of any decision or order.
1. Unless otherwise indicated, the decision
				shall be effective on the date of issuance.