New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.5 - Administrative disqualification hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Administrative
				disqualification hearings will be conducted in accordance with the requirements
				of this section, and with those stipulated under N.J.A.C. 1:1 and 1:10. OAL
				will assign an administrative law judge (ALJ) to preside over the
				hearing.
(b) Administrative
				disqualification matters shall be transmitted by DFD to the OAL for the purpose
				of conducting a hearing pursuant to N.J.A.C. 1:1 and 1:10.
(c) The final decision shall be made by the
				Director of DFD based on the hearing record, and shall comply with Federal and
				State law and regulations.
(d) The
				hearing record shall be retained for a period of three years. This record shall
				be available to the WFNJ assistance unit, or its representative, at any
				reasonable time for copying and/or inspection.
(e) Within 90 calendar days of the date the
				individual is notified in writing that an administrative disqualification
				hearing has been scheduled, the hearing shall be conducted and a decision shall
				be rendered.
(f) The county or
				municipal agency shall provide advance written notice of the hearing to the
				individual suspected of IPV at least 30 calendar days in advance of the date an
				administrative disqualification hearing has been scheduled. The notice shall be
				mailed by certified mail-return receipt requested or served in person by a WFNJ
				representative. In the event that the individual refuses to accept delivery of
				the advance notice and the mail receipt notes that fact, the receipt will be
				accepted as proof of notice served. The certified letter shall be clearly
				marked "deliver to addressee only" in order to ensure that notice is served to
				the correct individual. A return receipt for certified mail which contains the
				signature of an individual other than the person addressed is insufficient
				evidence that proper advance notice was given. Letters sent by certified mail
				which are returned to the county or municipal agency with notations such as
				"unclaimed" or "undeliverable" offer no proof that advance requirements have
				been met. The advance notice shall contain at a minimum:
1. The date, time, and location of the
				hearing;
2. The charge(s) against
				the individual;
3. A summary of the
				evidence, and how and where the evidence can be examined;
4. A warning that the decision will be based
				solely on information provided by the county or municipal agency if the
				individual fails to appear at the hearing without good cause;
5. A statement that the individual, or his or
				her representative, will have 10 calendar days from the date of the scheduled
				hearing to present good cause to DFD or the county or municipal agency for
				failure to appear, in order to receive a new hearing;
6. A warning that a determination of IPV will
				result in a six-month disqualification for the first violation, 12-month
				disqualification for the second violation, and permanent disqualification for
				the third violation, and a statement of which penalty the county or municipal
				agency believes is applicable to the case at the time of scheduling of the
				hearing;
7. A listing of the
				individual's rights as provided under N.J.A.C. 1:10;
8. If there is an individual or organization
				available that provides free legal representation, the notice shall advise the
				assistance unit member of the availability of that service;
9. A statement that the individual may
				request a postponement of the hearing provided that such request is made to the
				OAL at least 10 calendar days in advance of the scheduled hearing;
10. An explanation that the individual may
				waive his or her right to appear at the administrative disqualification hearing
				as provided in
				10:90-11.4;
11. A statement of the accused individual's
				right to remain silent concerning the charge(s) and that anything said or
				signed by the individual concerning the charge(s) may be used against him or
				her in a court of law; and
12. A
				statement which informs the assistance unit of its right to obtain, upon
				request, a copy of the State agency's published hearing procedures.