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5 N.J.A.R. 199

Monmouth County Board of Social Services; D., J. v
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Citation: 5 N.J.A.R. 199
Decision Date: 1979
Synopsis: The Monmouth County Welfare Board sought to terminate peri- tioner's public assistance benefits due to petitioner's operation of a failing business. The administrative law judge assigned to the case found that peti- tioner had been self-employed as a salesperson since January 1976 during which time her business had shown minimal profitability. As a result, petitioner was no longer accepting new orders and planned to end the business when her preexisting orders were filled. The judge determined that the regulation upon which the agency acted requires that the individual persist in the operation of a failing business while in this instance, the petitioner was making every effort to close down the business. Accordingly, the administrative law judge concluded that the agen- cy had failed to show the petitioner had persisted in a failing business and ordered a continuation of benefits.