10:87-11.14 Disputed benefits

(a) If the CSSA determines that a household is entitled to restoration of lost benefits, but the household does not agree with the amount to be restored as calculated by the CSSA or any other action taken by the CSSA to restore lost benefits, the household may request a fair hearing within 90 days of the date the household is notified of its entitlement to restoration of lost benefits. If a fair hearing is requested prior to or during the time lost benefits are being restored, the household shall receive the lost benefits as determined by the CSSA pending the results of the fair hearing. If the hearing decision is favorable to the household, the CSSA shall restore the lost benefits in accordance with that decision. (b) If a household believes it is entitled to restoration of lost benefits but the CSSA, after reviewing the case record, does not agree, the household has 90 days from the date of the CSSA determination to request a fair hearing. The CSSA shall restore lost benefits to the household only if the fair hearing decision is favorable to the household. Benefits lost more than 12 months prior to the date the CSSA was initially informed of the household's possible entitlement to lost benefits shall not be restored. History HISTORY: As amended, R.1983 d.224, effective May 31, 1983. See: 15 N.J.R. 633(a), 15 N.J.R. 1034(a). Originally adopted as an Emergency Rule, R.1983 d.117, effective March 31, 1983, operative April 1, 1983. The amendments are pursuant to the Food Stamp Act Amendments of 1982 (P.L. 97-253) and the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35). "Fraud" replaced by "intentional program violation". As amended, R.1984 d.68, effective March 19, 1984. See: 15 N.J.R. 2134(b), 16 N.J.R. 550(a). (a) deleted and replaced; (b) and (c) added. Amended by R.1989 d.121, effective February 21, 1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). Recodified from 11.12. Amended by R.1989 d.121, effective February 21, 1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). Recodified from 11.14. Recodified from N.J.A.C. 10:87-11.16 by R.2004 d. 181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Former N.J.A.C. 10:87-11.14, Period of restoration, recodified to N.J.A.C. 10:87-11.12.