N.J. Admin. Code § 10:87-10.17

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:87-10.17 - Fair hearings

(a) Each individual or household has a right to a fair hearing to appeal a denial, reduction or termination of benefits due to a determination of nonexempt status, or a CWA/LWD determination of failure to comply with the work registration or work and training requirements of this subchapter. A fair hearing shall be scheduled in accordance with N.J.A.C. 10:87-8.6(a)4.

(b) Individuals or households may appeal CWA or LWD actions such as exemption status, the type of requirement imposed, or CWA or LWD refusal to make a finding of good cause, if the individual or household believes that a finding of failure to comply has resulted from improper decision on these matters.

(c) If the hearing involves a decision made by the LWD, the CWA shall provide sufficient advance notice to LWD to either permit the attendance of a representative or ensure that a representative will be available for questioning over the phone during the hearing. A representative of LWD shall be available through one of these means.

(d) A household shall be allowed to examine its employment and training component case file at a reasonable time before the hearing, except for confidential information (which may include test results) that the agency determines should be protected from release. Information not released to a household may not be used by either party at the hearing.

(e) The results of the fair hearing shall be binding on the CWA and LWD.

N.J. Admin. Code § 10:87-10.17

Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
This section was originally 3.20(c)6.
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
In (b) and (e), substituted references to DOL for references to FSETP throughout; and rewrote (c).
Recodified from N.J.A.C. 10:87-10.22 by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Former N.J.A.C. 10:87-10.17, Job search components, recodified to N.J.A.C. 10:87-10.12.
Amended by R.2007 d.129, effective 5/7/2007.
See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a).
Substituted "LWD" for "DOL" throughout.
Amended by R.2012 d.031, effective 2/6/2012 (operative March 7, 2012).
See: 43 N.J.R. 2114(a), 44 N.J.R. 241(a).
In (a), deleted a comma following "reduction" and inserted "CWA/LWD".