N.J. Admin. Code § 10:90-12.6

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:90-12.6 - State fair hearings for action of the State to transfer WFNJ/GA from the municipality to the county

(a) Any municipality that wishes to appeal a decision by the State to transfer municipal WFNJ/GA operations to the county is entitled to request a State fair hearing within 10 days of the mailing date of the notice advising of the impending State action. The request shall be made, in writing, to DFD's Bureau of Administrative Review and Appeals (BARA) by the municipal agency director, or by a representative of the municipal governing authority.

1. When a request is received by BARA, it shall immediately be registered as of that date.

2. All hearing requests shall be transmitted to the Office of Administrative Law (OAL) for a hearing before an Administrative Law Judge (ALJ).

(b) The OAL shall schedule the hearing and send any necessary notices to all appropriate parties concerned. The hearing shall be conducted by an ALJ who shall issue an initial decision.

1. Any adjournment of a scheduled OAL hearing requested by the municipality and granted by the OAL may not operate to extend the deadlines for a final decision and implementation of the final decision.

2. Failure to appear for a scheduled hearing without proper notice, and failure to submit an explanation for the nonappearance within 10 days of the scheduled hearing date, shall result in the issuance of an initial decision without a hearing. The State may amend or reverse its decision to transfer at any time before or during the OAL hearing or the hearing may be withdrawn at any time before or during the hearing upon satisfactory reconciliation of the matter at issue.

(c) The municipality shall be provided the opportunity to review the State documents and/or records to be used in the OAL hearing. Such materials shall be made available by the State, upon request at a reasonable time, before the scheduled hearing date, as well as during the hearing.

(d) The municipal director, or a representative of the municipal governing authority, may appear at a proceeding with or without legal representation.

(e) A final administrative hearing decision shall be rendered by the Commissioner of DHS or designee. The municipal agency shall be notified by mail of any decision or order. The final decision shall be effective on the date of issuance.

1. The municipality may appeal the final decision rendered by the Commissioner of DHS or designee through the Appellate Division of the Superior Court; however, such appeal shall not delay implementation of the final decision.

N.J. Admin. Code § 10:90-12.6

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).