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Page 119 of 202 § 10:90-11.5 Administrative disqualification hearing procedures

4. A warning that the decision will be based solely on information provided by the county or municipal agency if the individual fails to appear at the hearing without good cause; 5. A statement that the individual, or his or her representative, will have 10 calendar days from the date of the scheduled hearing to present good cause to DFD or the county or municipal agency for failure to appear, in order to receive a new hearing; 6. A warning that a determination of IPV will result in a six-month disqualification for the first violation, 12-month disqualification for the second violation, and permanent disqualification for the third violation, and a statement of which penalty the county or municipal agency believes is applicable to the case at the time of scheduling of the hearing; 7. A listing of the individual's rights as provided under N.J.A.C. 1:10; 8. If there is an individual or organization available that provides free legal representation, the notice shall advise the assistance unit member of the availability of that service; 9. A statement that the individual may request a postponement of the hearing provided that such request is made to the OAL at least 10 calendar days in advance of the scheduled hearing; 10. An explanation that the individual may waive his or her right to appear at the administrative disqualification hearing as provided in N.J.A.C. 10:90-11.4; 11. A statement of the accused individual's right to remain silent concerning the charge(s) and that anything said or signed by the individual concerning the charge(s) may be used against him or her in a court of law; and 12. A statement which informs the assistance unit of its right to obtain, upon request, a copy of the State agency's published hearing procedures. (g) The time and place of the hearing shall be arranged so that the hearing is accessible to the individual suspected of IPV (see N.J.A.C. 10:90-9.5(a)5). (h) If the individual is found to have committed IPV but a determination is subsequently made that the individual or his or her representative had good cause for not appearing, the previous decision shall no longer remain valid. The individual has 10 calendar days from the date of the scheduled hearing to present reasons indicating a good cause for failure to appear. If good cause for failure to appear is established, a new hearing shall be conducted. The ALJ who originally ruled on the case may conduct a new hearing. The ALJ shall enter the good cause decision into the hearing record. (i) Medical assessments, which may either corroborate or disprove an accused individual's statements, shall be obtained at county or municipal agency expense and made part of the record if the ALJ considers it necessary. History

HISTORY: