N.J. Admin. Code § 10:120B-1.1 - Right to hearings on a matter other than a Division action

Current through Register Vol. 54, No. 7, April 4, 2022

(a) Applicants for and recipients of a social service rendered by a provider under contract with the Division are entitled to request and have a hearing in the manner established by this chapter when the service provider has made a decision or action or has failed to act in a way which meets the conditions outlined in (b) below.
(b) A hearing shall be available in the following circumstances:
1. Any service provider action, or failure to act with reasonable promptness, on a request for services, which includes undue delay in reaching a decision on eligibility or in the provision of services;
2. Any service provider decision regarding eligibility for services in both initial and subsequent determinations; and
3. Any service provider action resulting in a termination, suspension, or reduction of services.
(c) The availability of a local administrative review shall be in addition to and independent of the right to a hearing.
(d) The right to a hearing shall not extend to cases where there is:
1. A change in the placement of a child without constituting a reduction of social services;
2. An across-the-board service termination, suspension, or reduction as a result of a reduction in funding from the Division; or
3. A Division action, rather than an action or inaction of the service provider. In cases of a Division action, due process is available as specified in N.J.A.C. 10:120A.

Notes

N.J. Admin. Code § 10:120B-1.1

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