N.J. Admin. Code § 10:87-8.7 - Participation during appeal

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

(a) If a household requests a fair hearing within 15 days of the mailing of an adverse action notice and the certification period has not expired, participation shall be continued consistent with the benefit level authorized immediately prior to the notice of adverse action unless the household specifically waives continuation of benefits. If the request for a fair hearing does not positively indicate that the household has waived continuation of benefits, the CWA shall assume that continuation of benefits is desired and benefits shall be issued accordingly. If the CWA action is upheld by the hearing decision, a claim against the household shall be established for all overissuances (see 10:87-11.20 ).
1. In the case of an EBT adjustment, as defined at 10:88-3.9, once an adverse action is upheld, the CWA shall immediately debit the household's account for the total amount stated in its original notice. If there are no benefits or insufficient funds remaining in the household's account at the time the CWA action is upheld, the CWA shall only make the adjustment from the next month's benefits, regardless of whether this satisfies the full adjustment amount.


N.J. Admin. Code § 10:87-8.7
Amended by R.2004 d.181, effective 5/17/2004.
See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a).
Codified section as (a), added a N.J.A.C. reference and added 1.

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