New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.6 - Processing fair hearing requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To assure
				orderly and expeditious processing of complaints and fair hearing requests, the
				CWA and Division of Family Development (DFD) shall proceed in the following
				manner:
1. The CWA shall designate a staff
				member to act as a fair hearing liaison between itself and the DFD. Upon
				receipt of a request for a fair hearing, and no later than one working day
				following receipt of the request, the liaison shall notify the DFD of the
				request, the issues to be resolved, and such other information as may be
				necessary to process the case.
2.
				The CWA liaison's duties shall include, but not be limited to, the following:
i. The liaison shall establish a system to
				insure that every written request for a hearing which is received by the CWA is
				stamped with the date of receipt and forwarded to the Division of Family
				Development within one working day of the date of the request.
ii. The liaison shall review incoming
				requests for possible corrective action prior to a hearing.
iii. The liaison shall identify, and arrange
				for participation of CWA staff who may be essential to the hearing. The liaison
				shall also assemble all records relevant to the hearing and arrange for an
				interpreter if the household does not speak English.
iv. The liaison shall contact the household
				or its representative, not less than two working days prior to a hearing, to
				confirm attendance and to arrange for the transportation of the household if
				necessary.
v. Prior to the hearing
				date, the liaison shall submit special reports regarding hearing requests, if
				so instructed by the DFD.
vi. The
				liaison shall submit reports, regarding the implementation of State fair
				hearing decisions, in accordance with the provisions of this
				subchapter.
vii. The liaison shall
				serve as the single individual in the CWA to be contacted regarding matters
				relating to hearings.
3.
				The CWA shall provide the following services to the household:
i. An oral request for a fair hearing shall
				be reduced to a written record by the staff person to whom the request is made.
				No special form or manner of expression is required, provided that the request
				identifies the nature and date of the complaint. If it is unclear from the
				household's request what action it wishes to appeal, the CWA may request that
				the household clarify its grievance.
ii. Upon the household's request, the CWA
				shall assist in the preparation of the household's fair hearing
				request.
iii. The household shall
				be informed of, and referred to, legal services in the community for the
				purpose of obtaining legal counsel at the hearing.
iv. Upon request, the CWA shall make
				available without charge the specific materials necessary for a household or
				its representative to determine whether a hearing should be requested or to
				prepare for a hearing which includes, but is not limited to, access to the case
				record.
v. If the individual making
				the request speaks a language other than English or has a limited English
				proficiency or disability and the CWA is required by N.J.A.C. 10:87-9 to
				provide bilingual staff or interpreters who speak the appropriate language, the
				CWA shall insure that the hearing procedures are verbally explained in that
				language.
vi. The CWA shall provide
				the household transportation to and from the hearing, if requested.
4. To the maximum extent possible,
				a hearing shall be scheduled no later than seven working days after receipt of
				notification by the CWA of the household's request and held no later than 21
				days after the date of the household's request.
i. The household may request and is entitled
				to receive a postponement of the scheduled hearing. The postponement shall not
				exceed 30 days and the time limit for action on the decision may be extended
				for as many days as the hearing is postponed. For example, if a hearing is
				postponed by the household for 10 days, notification of the hearing decision
				will be required within 70 days from the date of the request for a
				hearing.
5. Hearings
				will be scheduled by the Office of Administrative Law (OAL). State level fair
				hearings will be conducted by an administrative law judge assigned by the
				Director of the Office of Administrative Law.
6. The Division of Family Development (DFD)
				and OAL will share responsibilities as follows:
i. The DFD shall register each request for a
				fair hearing on the date which the request is received and forward all requests
				to OAL within one work day of date received. OAL shall refer all requests made
				direct to OAL to DFD for registering.
ii. When received by the DFD, requests shall
				be transmitted by datafax or telephone to the CWA.
iii. Together with notice of the hearing
				date, the household will be promptly notified by OAL whether or not the
				household is to continue to receive benefits at an unreduced level pending the
				outcome of the fair hearing. A copy of this communication will be sent to the
				DFD and to the CWA.
7. A
				request for a fair hearing shall not be denied or dismissed except under the
				following circumstances:
i. The request for a
				hearing is not received within the time interval specified at
				10:87-8.5.
ii. The household withdraws the fair hearing
				request for any reason. When a household that previously requested a NJ SNAP
				fair hearing contacts the CWA (either orally, electronically or in writing) in
				order to withdraw its hearing request, the CWA shall send a Cancellation of
				Your NJ SNAP Fair Hearing Request form (NJ SNAP-944), along with a
				self-addressed stamped envelope, to the household which confirms that the
				household has requested cancellation of its hearing. The form shall also advise
				the household and/or household representative that it is entitled to request
				reinstatement of its hearing request within 90 days of the date that the
				household's NJ SNAP case was to be affected by the proposed case action. A copy
				of the confirmation letter to the household shall be retained in the
				household's case record and another copy shall be forwarded to the State Bureau
				of Administrative Review and Appeals. If the confirmation portion of the
				Confirmation of Verbal Withdrawal Request form (NJ SNAP-944) is not returned to
				the agency, then the hearing shall continue.
iii. The household abandons its request for a
				fair hearing.
(1) A request for a hearing
				shall be considered abandoned if neither the household nor its representative
				appears at the time and place established for the hearing, unless the DFD or
				CWA received notice not later than the scheduled date of hearing that the
				household would be unable to attend for reasonable good cause; in such case,
				the hearing shall be adjourned and rescheduled. (Good cause is defined at
				10:87-10.18.) No hearing shall be
				delayed for a period of more than 30 calendar days under any circumstances,
				except as provided at (a)7iii(2) below.
(2) If the household or its representative,
				fails to appear for a scheduled hearing without having given proper notice, a
				notice of assumption of abandonment shall be sent to the household. If there is
				no answer within 10 calendar days, the hearing shall be deemed abandoned. The
				household shall have the right to present in writing or electronically to the
				DFD directly or through the CWA, such facts or reasons for the failure to
				appear. The DFD may determine whether or not the facts so presented by the
				household or its representative, constitute reasonable good cause, as defined
				at 10:87-10.18 to warrant
				reinstatement of the hearing.
8. Scheduling of hearing requests from
				households, such as migrant farm workers, which plan to move from the county
				before the hearing decision would normally be reached shall be
				expedited.