Current through Register Vol. 54, No. 7, April 4, 2022
to request a fair hearing shall not be limited or interfered with in any way.
1. Informal efforts to resolve a dispute may
be made through field contacts, office interviews with supervisory personnel,
consultation with the State DFD Field Representative, etc. In no event,
however, shall such informal efforts be considered prerequisite to a fair
hearing, nor shall they delay, replace, interfere with or otherwise impede the
processing of a fair hearing which has been requested by the
The CWA shall offer
agency conference to households which wish to contest a denial of expedited
service under the procedures at
through 2.31. The CWA
shall advise households that use of an agency conference is optional and that
it shall in no way delay or replace the fair hearing process.
i. The agency conference may be attended by
the eligibility worker responsible for the agency action, and shall be attended
by an eligibility supervisor (other than the supervisor of the eligibility
worker responsible for the action) and/or the agency director, and by the
household and/or its representative.
ii. An agency conference for households
contesting a denial of expedited service shall be scheduled within two working
days of the date the household contests the action of the CWA, unless the
household requests that it be scheduled later or states that it does not wish
to have an agency conference.
An agency conference may lead to an informal resolution of the dispute.
However, a fair hearing must still be held unless the household makes a written
withdrawal of its request for a hearing.
CWAs shall conduct pre-hearing settlement
conferences concerning NJ SNAP program appeals, except for IPV issues, in
accordance with the following procedures:
The CWA shall contact the appellant to schedule a Pre-Hearing Settlement
Conference (PHSC) within five working days as soon as the CWA receives and
forwards the fair hearing request to the Division of Family Development (DFD).
If the Fair Hearing request is made directly to DFD, the CWA will initiate the
procedure upon notification of the request by DFD but not later than one day
from receipt of the request.
CWA Fair Hearing Liaison shall preside over the pre-hearing settlement
conference and act as a mediator between the appellant and other appropriate
The CWA shall report
the disposition of each NJ SNAP hearing request to the Division of Family
Development, Bureau of Administrative Review and Appeals (BARA), with an
information copy to the Office of Administrative Law within three working days.
The report shall contain at a minimum, but not be limited to, the following
i. The contested
ii. The scheduled time,
date and location of a pre-hearing settlement conference;
iii. The verbal or written acceptance or
declination by the appellant to attend a pre-hearing settlement
iv. Whether or not a
settlement was reached; and
Terms of the settlement or basis for the appellant's decision to withdraw. The
report must be co-signed by the appellant and the mediator or other CWA
N.J. Admin. Code §
Amended by R.1989 d.121,
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Amended by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a),
36 N.J.R. 2425(a).
In (a), substituted "resolve a dispute" for
"effect an adjustment" in 1 and amended the N.J.A.C. references in the
introductory paragraph of 2; in (b), substituted references to the Division of
Family Development (DFD) for references to the Division of Economic Assistance
(DEA) in 1 and 3; deleted the introductory phrases throughout.
See: 44 N.J.R.