N.J. Admin. Code § 17:43-1.7

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:43-1.7 - Right to hearing

(a) Any person whose lottery prize has been withheld pursuant to P.L. 1997, c. 306, may request a hearing by serving a written request on the Higher Education Student Assistance Authority (HESAA) within 14 days of the date of the notice of match described in 17:43-1.5. However, if a person is subject to a judgment by HESAA on account of a defaulted student loan, 17:43-1.8, and not this section, shall apply.

(b) When the debtor makes a timely request for a hearing in a case where HESAA is seeking to collect on a defaulted student loan(s), HESAA shall conduct an administrative review on the existence or amount of the debt.

(c) If the matter cannot be resolved through administrative review, the matter shall be filed forthwith with the Clerk of the Office of Administrative Law for a contested case hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and 52:14F-1 et seq. The Office of Administrative Law shall recommend a decision to HESAA within 45 days of the closing of the record on the case, in accordance with 52:14B-10.

(d) If a debtor disagrees with the final agency decision made by HESAA following a contested case hearing, and wishes to appeal that decision, the debtor may appeal to the Appellate Division of the Superior Court of New Jersey within the period established by New Jersey Court Rule 2:4.

N.J. Admin. Code § 17:43-1.7

Amended by R.2003 d.432, effective 11/3/2003.
See: 35 New Jersey Register 2416(a), 35 New Jersey Register 5161(a).
Substituted "HESAA" for "[OSA]" throughout.