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2 N.J.A.R. 192

R., A. & R., R. v. Hunterdon County Welfare Board
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Citation: 2 N.J.A.R. 192
Decision Date: 1980
Agency: DIVISION OF PUBLIC WELFARE
Synopsis: In May 1979, the local welfare agency's Medical Review Board denied petitioners' application for classification as 'unable to accept gainful employment' and petitioners requested a fair hearing on that decision on April 17, 1980. The local welfare agency denied that request based on N.J.A.C. 10:81-6.4 which requires that requests for a hearing be filed no longer than 90 days after they complained of agency action. The petitioners argue that since they received no written or oral notice of the Board's action, they were unable to apply for a hearing within the required 90 days. The administrative law judge found that although N.J.A.C. 10:81-7.1 and 7.6 requires that notice of Board decisions be sent to applicants and that the petitioners in this case should have received such notice, their 11 month delay before inquiring about the adverse action was beyond the period within which it could be expected that prudent persons would make such a request. Accordingly, the request for a hearing on the classification issue was denied.