New Jersey Administrative Code, Title 17

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Chapter 1 GENERAL ADMINISTRATION

Subchapter 1 ADMINISTRATIVE PRACTICES

N.J. Admin. Code § 17:1-1.2 Records

(a) The records of all employee benefit programs administered by the Division are public records and may be requested through the Treasury Government Records Unit. Records shall be provided during regular business hours.

(b) Records considered confidential include protected health information (PHI) as defined by the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. 104-191, Social Security numbers, pension membership numbers, medical information submitted for any purpose, mailing addresses of active and retired members, individual files pertaining to beneficiary designation and any proprietary information provided to the Division from another source. Further records considered to be confidential may be found at N.J.S.A. 47:1A-10.

(c) All medical records obtained in connection with an application for disability retirement shall be restricted for the confidential use of the Boards of Trustees. Upon request, the Division shall release a copy of the examining physician's medical report to the member, the member's attorney or any person authorized by the member in writing to receive a copy of such report after the Board's initial decision is rendered. In no event shall the report be released to any individual not authorized by the member in writing to receive the report.

(d) Charges for copies of pension records that have been deemed to be public information will be made in accordance with the provisions of N.J.S.A. 47:1A-5.

(e) Requests for access to government records must be in accordance with the Department of Treasury's procedures as provided by the Open Public Records Act.

History

• Amended by R.2009 d.25, effective 1/5/2009.
• See: 40 N.J.R. 4928(a), 41 N.J.R. 277(a).
• In (a), deleted "of Pensions and Benefits" following "Division", substituted "requested through the Treasury Government Records Unit" for "inspected during regular business hours at the office of the respective bureau, and under supervision of the Bureau Chief or other representatives of the office" and inserted the last sentence; in (b), inserted "Social Security numbers, pension membership numbers,", and substituted "information" for "reports", "proprietary information provided to the Division from another source" for "other matters pertaining to individual accounts where no official purpose or reason is indicated for inspection" and "N.J.S.A. 47:1A-10" for "N.J.A.C. 17:44-2"; in (c), substituted "records" for "testimony" and "Upon request, the" for "The", and inserted "after the Board's initial decision is rendered"; in (d), substituted "that" for "which" and updated the N.J.S.A. reference; and in (e), substituted "the Open Public Records Act" for "N.J.A.C. 17:44".

N.J. Admin. Code § 17:1-1.3 Hearing request

(a) The applicant will be given written notice of any decision by the Division, Board or Commission. Said notice shall inform the applicant of the appeal process available in the event the applicant disagrees with the decision of the Division, Board or Commission, including the proper procedure for requesting a hearing.

(b) The decision by the agency shall be final unless the applicant shall file a request for a hearing within 45 days after the date of the written notice of the decision.

(c) Administrative hearings will be conducted by the Office of Administrative Law pursuant to the provisions of N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1.

(d) The following statement shall be incorporated in every written notice setting forth the Division, Board or Commission's determination in a matter where such determination is contrary to the claim made by the claimant or the claimant's legal representative: If you disagree with the determination of the Board, Commission or Division, you may appeal by submitting a written statement to the Board, Commission or Division Director within 45 days after the date of written notice of the determination. The statement shall set forth in detail the reasons for your disagreement with the Board, Commission or Division's determination and shall include any relevant documentation supporting your claim. If no such written statement is received within the 45-day period, the determination by the Board, Commission or Division shall be final.

(e) The Board, Commission or Division Director shall determine whether to grant an administrative hearing based upon the standards for a contested case hearing set forth in the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(f) Administrative hearings shall be conducted by the Office of Administrative Law pursuant to the provisions of N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1.

(g) If the granted appeal involves solely a question of law, the Board, Commission or Division Director may retain the matter and issue a final determination, which shall include detailed findings of fact and conclusions of law, based upon the documents, submissions and legal arguments of the parties. The Board's, Commission's or Division Director's final determination may be appealed to the Superior Court, Appellate Division.

(h) If the granted appeal involves a question of facts, the Board, Commission or Division Director shall submit the matter to the Office of Administrative Law.

History

• Amended by R.2009 d.25, effective 1/5/2009.
• See: 40 N.J.R. 4928(a), 41 N.J.R. 277(a).
• Rewrote (a); incorporated former (d)(1) into (d); recodified former (d)(2) through (d)(5) as (e) through (h); in (d), substituted "Board, Commission or Division," for the first and third occurrences of "Board (Commission)", "Board, Commission or Division Director" for the second occurrence of "Board (Commission)" and "Board, Commission or Division's" for "Board (Commission's)"; in (e) and (f), deleted "-1 et seq" from the end; in (e), (g) and (h), substituted "Board, Commission or Division Director" for "Board (Commission)"; in (g), substituted "Board's, Commission's or Division Director's" for "Board's (Commission's)"; and in (h), deleted the quotation mark from the end.

N.J. Admin. Code § 17:1-1.4 Mail distribution

(a) All mail sent to the Division will be received, opened and sorted by the mail section, with the exception of registered or certified mail, which will be sent directly to the addressee.

(b) The mail section will send all correspondence to the appropriate administrative bureau in the Division, where the correspondence should be acknowledged or answered in a timely manner.

History

• Amended by R.2009 d.25, effective 1/5/2009.
• See: 40 N.J.R. 4928(a), 41 N.J.R. 277(a).
• In (a), deleted "of Pensions and Benefits" following "Division" and inserted a comma following the second occurrence of "mail".