10:87-8.7 Participation during appeal

(a) If a household requests a fair hearing within 15 days of the mailing of an adverse action notice and the certification period has not expired, participation shall be continued consistent with the benefit level authorized immediately prior to the notice of adverse action unless the household specifically waives continuation of benefits. If the request for a fair hearing does not positively indicate that the household has waived continuation of benefits, the CSSA shall assume that continuation of benefits is desired and benefits shall be issued accordingly. If the CSSA action is upheld by the hearing decision, a claim against the household shall be established for all overissuances (see N.J.A.C. 10:87- 11.20). 1. In the case of an EBT adjustment, as defined at N.J.A.C. 10:88-3.9, once an adverse action is upheld, the CSSA shall immediately debit the household's account for the total amount stated in its original notice. If there are no benefits or insufficient funds remaining in the household's account at the time the CSSA action is upheld, the CSSA shall only make the adjustment from the next month's benefits, regardless of whether this satisfies the full adjustment amount. History HISTORY: Amended by R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Codified section as (a), added a N.J.A.C. reference and added 1.