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2 N.J.A.R. 443

N., S. v. Hudson County Division of Welfare
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Citation: 2 N.J.A.R. 443
Decision Date: 1980
Synopsis: Petitioner appealed from a denial of assistance under the Aid to Families With Dependent Children program contending that she was never notified of the reason of the denial. The administrative law judge found that on two separate occasions, a local welfare inspector had visited the address petitioner gave for her home on her application for assistance. On both occasions the inspector was unable to find the petitioner and on the last visit the inspector left a note for the petitioner to contact the local office. The petitioner never responded. In addition, the judge found that the local office had mailed a notice to petitioner at the same address informing her that her application had been denied because the office had been unable to locate petitioner at her home. The administrative law judge found that since the notice had been sent to an address provided by the petitioner, a presumption arose that the notice had been properly delivered and that the petitioner had failed to meet her burden of rebutting the presumption by a showing that the letter had never been mailed. Accordingly, the denial of assistance was found to be proper. Somy Radwan, for Petitioner (Hudson County Legal Services) Rody Costanzo, Esq., for Respondent