New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 3 - SCREENING, SERVICES AND APPEALS › Section 10:140-3.10 - Adverse agency actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant or
				consumer may request an administrative review of an agency denial, reduction,
				suspension or termination of services, denial of a request for an exception, or
				a failure to act upon a request for services within prescribed time
				frames.
(b) If services received or
				requested are to be denied, reduced, suspended or terminated, the county
				designated agency shall provide written notice and, if appropriate, oral notice
				to the applicant or consumer at least 30 days prior to such action. Consumers
				may receive notice in less than 30 days in accordance with
				10:140-3.9(c).
(c) The written notice of such adverse action
				shall indicate the reason(s) for the action to be taken, citing the basis for
				the decision.
(d) In addition, all
				written notices of such adverse action shall contain the following statement:
"An applicant to or eligible consumer of the Personal
				  Assistance Services Program, who is dissatisfied with any decision regarding an
				  eligibility determination or other matters pertaining to participation in the
				  Personal Assistance Services Program, may file a request for an administrative
				  review of that decision. The applicant or eligible consumer shall not be
				  afforded an administrative review when the adverse agency action is due to
				  State mandated reductions in funding, unless the request for a review is based
				  on a claim of inaccuracy or misapplication by the county designated
				  agency.
A request for an administrative review must be made within 30
				  days of the date of written notice of an adverse agency action.
Request for an administrative review may be made by telephone
				  or letter to the:
State Program Administrator
Personal Assistance Services Program
Division of Disability Services
PO Box 705
Trenton, New Jersey 08625-0705
1-888-285-3036"
(e) A request for a review will operate as a
				stay of any adverse agency action pending the outcome of the administrative
				review or any subsequent appeal. A stay of an adverse action may be denied
				either at the discretion of the county designated agency based on a
				case-by-case determination of severity in one of those situations described in
				10:140-3.9(e)4 
				and 7, or because the request for a review based on a State mandated reduction
				in funding does not claim an incorrect computation or misapplication by the
				county designated agency.
(f) Once
				a stay of the adverse agency action is applied, personal assistance services to
				a consumer shall not be suspended, reduced or terminated prior to the
				completion of the administrative review and the rendering of the decision,
				except when:
1. The sole issue is one of a
				State mandated reduction in funding and the consumer's claim of inaccuracy or
				misapplication is invalid; or
2. A
				change in the consumer's circumstances occurs, affecting eligibility or award
				of services under the Program, while the decision of the administrative review
				is still pending and the consumer does not request an additional administrative
				review related to the subsequent adverse agency action.