N.J. Admin. Code § 10:87-8.2A - Fair hearing based on Federal changes

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

Fair hearings will be denied those households which are merely disputing the fact that a federally mandated reduction, suspension, or cancellation was ordered. However, if the request for a fair hearing is based on a household's belief that its benefit level was computed incorrectly or that regulations were misapplied or misinterpreted, the household shall be given an opportunity to receive a fair hearing (see 10:87-8.9(b) ). Since the reduction, suspension or cancellation would be necessary to avoid an expenditure of funds beyond those appropriated by Congress, households do not have a right to a continuation of benefits pending the fair hearing. The household may receive retroactive benefits in an appropriate amount if it is determined that its benefits were reduced by more than the amount by which the CWA was directed to reduce benefits. CWAs will only refer those requests which qualify for a fair hearing to the Bureau of Administrative Review and Appeals (BARA).

Notes

N.J. Admin. Code § 10:87-8.2A
R.1984 d.64, effective 2/26/1981.
See: 13 New Jersey Register 226(b).
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 New Jersey Register 2689(a), 21 New Jersey Register 511(b).
Substantially amended.
Amended by R.2004 d.181, effective 5/17/2004.
See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a).

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