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N.J.A.C. 10:90-9.4 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

§ 10:90-9.4 Rules applicable to WFNJ/GA applicants/recipients

(a) With the exception of hearing requests related to a denial, reduction or termination of emergency assistance granted under N.J.A.C. 10:90-6 (refer to N.J.A.C. 10:90-9.17(a)1 for additional exceptional circumstances), applicants for or recipients of WFNJ/GA shall receive a local hearing regarding any action or inaction of the county/municipal agency as specified in N.J.A.C. 10:90-9.3(b)1. See N.J.A.C. 10:90-9.10 concerning time limitations on entitlement to fair hearings. (b) The hearing officer at the local hearing shall be the municipal agency director, or, as appropriate, a person designated by the county agency director to conduct such a hearing, unless he or she has participated in the action or inaction which gave rise to the hearing request. 1. If the director has been thus involved, the director will select a hearing officer who has not been involved. The selection will be made from among the following in order of priority: i. A professional staff member of the agency; ii. A member of the Local Assistance Board (LAB) other than an elected official as designated by the LAB; or iii. With the advice and consent of the LAB of the municipality of the hearing, a director of another municipality, or a professional staff member of supervisory rank of the municipal agency of another municipality. 2. The local hearing shall be conducted and a decision rendered in accordance with the following procedures: i. Participants in the local hearing shall include, at a minimum, the appellant and his or her representative, the agency staff member who made the decision, and the hearing officer who shall hear both sides of the issue and decide whether or not the action was correct. (1) Generally, only those persons shall be admitted to the hearing whose testimony and presence are necessary to a full and fair determination. The appellant may exercise a right to be assisted in his or her presentative by a relative, friend or other spokesperson, or to be legally represented by a lawyer