N.J. Admin. Code § 10:120B-1.2 - Notification of right to a hearing

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

(a) All notifications of service provider decisions shall state in clear, simple language the nature of the decision, the effective date of the decision, and the factual and legal basis for the decision, including if the decision is based on an across-the-board service termination, suspension or reduction as a result of a reduction in funding from the Division. In adverse decisions, the notifications shall include, as a basis for the service provider's action, one or more of the following references:
1. Statutory basis;
2. Regulatory reference or citation;
3. State plan (including budgetary provisions);
4. Social service transmittal; or
5. Policy memorandum.
(b) Proper notice to a client shall be timely and adequate.
1. Where the decision relates to any action which may entitle a client to a hearing, action may not be implemented until 10 days after the mailing of the notice of intent to suspend, reduce or terminate services.
2. Notice is adequate when it is written to include: a statement of the proposed service provider's action, the reason for the service provider's action and the specific reference supporting the service provider's action; a statement explaining the client's right to a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1; and an explanation that services shall not continue until the date of the hearing except in the circumstances stated in 10:120B-1.5(b)1.
(c) The service provider may dispense with timely notice, but shall send adequate notice no later than the date of action when:
1. The service provider has factual information confirming the death of the client;
2. The service provider received an oral or clearly written statement signed by the client that he or she no longer wishes services or that he or she gives information which requires termination, suspension or reduction of services and the client has indicated in writing that he or she understands that this must be the consequence of supplying such information;
3. The client's whereabouts is unknown and mail from the service provider directed to the client has been returned by the post office indicating no known forwarding address, or home visits have been made and documentation obtained that the client no longer resides there;
4. The client has been accepted for service in a new jurisdiction and that fact has been established by the jurisdiction previously providing services;
5. A special service which is provided for a specific period of time is terminated and the client has been informed in writing at the time of service initiation that the service shall automatically terminate at the end of the specified period; or
6. The client's behavior creates a threat of harm to himself or herself or others.

Notes

N.J. Admin. Code § 10:120B-1.2

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