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N.J.A.C. 10:90-9.2 This file includes all Regulations adopted and published through the New Jersey Register, Vol. 56 No. 24, December 16, 2024

NJ - New Jersey Administrative Code > TITLE 10. HUMAN SERVICES > CHAPTER 90. WORK FIRST NEW JERSEY PROGRAM > SUBCHAPTER 9. NOTICES AND HEARINGS IN WFNJ

§ 10:90-9.2 Definitions related to hearings

The following words and terms, when used in this subchapter, shall have the following meaning unless the context clearly indicates otherwise. "Administrative hearings" are hearings concerning either contested cases or non-contested cases, which have been determined by the Director of the Division of Family Development (DFD) in accordance with N.J.A.C. 1:1, to be appropriately heard in the Office of Administrative Law (see N.J.A.C. 10:6). "Administrative Law Judge" (ALJ) means the person from the Office of Administrative Law (OAL) who conducts the hearing and who writes an initial decision which may be reviewed by the Director of the DFD. "Administrative review" means a review of a disputed matter which has been determined by the Director of the DFD not to constitute a contested case and therefore remains in the DFD for review. At the discretion of the Director, an administrative review may be conducted as a procedure at which parties appear and are heard or it may be a paper review only (see N.J.A.C. 10:6-2). "Administrative review official" is a representative of the State, Department of Human Services, assigned to conduct an administrative review. "Contested case" means a dispute that is heard by an Administrative Law Judge. (For statutory definition see N.J.S.A. 52:14B-2(b); see also N.J.A.C. 1:1-1.5 and 1.6.). "Fair hearing" means a formal or informal procedure through which a WFNJ recipient may protest an adverse action or decision of the county/ municipal agency regarding eligibility, amount or manner of granting assistance. Fair hearing is a general term which includes administrative hearing and administrative review at the State level, as well as a local hearing proceeding convened by a municipal agency at the request of a WFNJ/GA recipient. "Initial decision" means the decision of an ALJ that is sent to the Director of the DFD, who may accept, reject or modify it within 45 days. History