New Jersey Administrative Code

(a) Following issuance of an Initial Decision by the ALJ, a final administrative hearing decision will be rendered by the Director of the DFD. The applicant/recipient, his or her representative and, as appropriate, the county or municipal agency shall be notified by mail of any d…

(a) An emergency fair hearing for purposes of expediting the fair hearing procedure will be scheduled when: 1. The fair hearing request results from denial by the county or municipal agency of a request for emergency assistance made in accordance with the provisions of N.J.A.C. 1…

The following words and terms, when used in this subchapter, shall have the following meaning unless the context clearly indicates otherwise. "Administrative hearings" are hearings concerning either contested cases or non-contested cases, which have been determined by the Directo…

(a) It is the right of every applicant for or recipient of WFNJ adversely affected by an action of a county or municipal agency to be afforded a fair hearing in a manner established by the rules in this subchapter, by the Uniform Administrative Procedure Rules (N.J.A.C. 1:1) and …

(a) With the exception of hearing requests related to a denial, reduction or termination of emergency assistance granted under N.J.A.C. 10:90-6 (refer to N.J.A.C. 10:90-9.17(a)1 for additional exceptional circumstances), applicants for or recipients of WFNJ/GA shall receive a loc…

(a) To assure orderly and expeditious processing of complaints and hearing requests, each county agency will designate a liaison between the agency and the DFD whose duties shall include, but not be limited to, the following. These duties shall likewise apply to the municipal age…

(a) Each request for a fair hearing shall be registered by BARA on the date the request is received. (b) Requests initially received in BARA will be transmitted by telephone or FAX to the appropriate county or municipal agency (in the event that a WFNJ/GA recipient requests a hea…

(a) The Office of Administrative Law shall schedule the hearing and shall send any necessary notices to the parties. (b) The hearing shall be conducted by an ALJ who shall issue an initial decision. Notes N.J. Admin. Code § 10:90-9.7

(a) Requests on matters which constitute a contested case (as defined by N.J.A.C. N.J.S.A. 1:1-1 and consistent with case law) shall be handled in accordance with the Department of Human Services (DHS) rules on hearings at N.J.A.C. 10:6-1.3(a). (b) Requests on matters which do no…

(a) Prompt and courteous attention shall be given to all complaints, whether or not such complaints constitute requests for fair hearings and whether or not they are directed to the county or municipal agency or the DFD. All complaints received shall be acknowledged promptly and,…

(a) The Commission for the Blind and Visually Impaired (the Commission) is an integral part of the Department of Human Services. (b) The Commission's entire service delivery system is vested in one Statewide, three regional, and one satellite offices. The Statewide office provide…

(a) Pursuant to Section 105 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq., the Commission has established a State Rehabilitation Council (SRC). (b) The functions of the SRC after consulting with the State Workforce Investment Board shall be: 1. To review, analyze, a…

(a) At the discretion of the Executive Director, the Commission may establish consumer advisory boards in order to provide consumers and interested persons the opportunity to evaluate, comment upon and impact on services provided by Commission. (b) The purpose of the consumer adv…

Notes N.J. Admin. Code § 10:91-1.12 Amended by R.2001 d.349, effective 10/1/2001. See: 33 N.J.R. 2066(a), 33 N.J.R. 3449(a). In (c), inserted "or calling (973) 648-3333" following "07101". Repealed by R.2005 d.379, effective 11/7/2005. See: 37 N.J.R. 2343(a), 37 N.J.R. 4261(a). S…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "Accommodation" means a process by which a person with a visual impairment uses alternative techniques. "Active status" means that a person…

(a) The New Jersey Commission for the Blind and Visually Impaired is mandated by a 1910 State law, N.J.S.A. 30:6-1, which states it, "shall provide all means which it deems feasible for ameliorating the condition of the blind and visually impaired." (b) The Commission defines its…

(a) The New Jersey Commission for the Blind and Visually Impaired operates a Statewide itinerant services program for eligible children which facilitates their inclusion in the least restrictive, most appropriate, educational setting. These services shall be provided in education…

The major objectives of the Commission's adaptive living skills services are the provision of services related to the instruction of visually impaired individuals by rehabilitation instructors in techniques for performing activities of daily living; traveling skills by orientatio…

(a) The major objective of the Commission's prevention services is to prevent, delay the onset of, correct and/or stabilize the effects of a visual problem. (b) The Commission includes programs within its prevention services which make available to New Jersey residents free eye s…

(a) The primary goal of the programs included within vocational rehabilitation (VR) services is to assist eligible visually impaired individuals to achieve an employment outcome, as defined in N.J.A.C. 10:95-1.2. (b) Vocational rehabilitation services may be any services necessar…

(a) The Commission for the Blind and Visually Impaired operates under State and Federal laws. These include the State legislation which created the Commission and made it a division of the Department of Human Services, as well as the Federal Rehabilitation Act of 1973, 29 U.S.C. …

(a) In accordance with N.J.S.A. 30:6-1, the Commission shall maintain a register of all blind and visually impaired persons in the State. (b) In accordance with N.J.S.A. 30:6-15, the Commission is empowered to make inquiries concerning the causes of blindness and the proportion o…

To be eligible for services, an individual shall have a visual acuity of 20/70 or less in the better eye, with correction, or a severe visual defect or field restriction. Notes N.J. Admin. Code § 10:91-2.1 New Rule, R.2000 d.313, effective 8/7/2000. See: 32 New Jersey Register 14…

(a) A person who meets one of the following criteria will be presumed to be eligible for those services described in N.J.A.C. 10:91-4.1 through 4.3: 1. The person is a former client of the Commission who was previously found eligible pursuant to N.J.A.C. 10:91-2.1 through 2.6 and…

(a) Individuals shall be eligible for all adaptive living skills services if their best corrected vision is 20/70 or less in their better eye. (b) Individuals who have severe field of vision defects shall be eligible for all adaptive living skills and prevention services (see N.J…

(a) Visual eligibility standards for educational services are as follows: 1. Children whose best corrected visual acuity is 20/70 or less in their better eye and children with severe field of vision defects shall be eligible for educational services (see N.J.A.C. 10:91-1.2). 2. F…

(a) Visual eligibility standards for vocational rehabilitation services are as follows: 1. Individuals whose best corrected vision is 20/70 or less in their better eye shall be eligible for vocational rehabilitation services. 2. Individuals with severe field of vision defects sha…

(a) Eye reports shall be completed by eye practitioners. The eye report shall include a visual classification, treatment recommendation, and, where appropriate, a report of any follow-up visits, and a post-operative report. (b) The Commission shall request an eye report when ther…

(a) New Jersey residents who meet visual and other eligibility standards shall be considered for all Commission services. (See N.J.A.C. 10:91-2.1, 2.2, 2.3 and 2.4). (b) Residents of other states who meet the visual eligibility standards shall be considered for Commission service…

(a) The Commission for the Blind and Visually Impaired shall notify by mail, in an appropriate format, an individual, other than a vision screening participant, who applied or was referred for Commission adaptive living skills services whenever such an individual has been found t…

(a) The Commission shall notify by mail the parent or guardian of any child who applied or was referred for Commission education services whenever such child has been found to be ineligible. (b) In the event that a school district does not enter into a Service Provider Agreement …

(a) An individual may be determined ineligible for VR services for any of the following reasons: 1. An individual does not have a visual disability which renders him or her eligible for Commission services; 2. The visual impairment or legal blindness does not result in a substant…

(a) The financial need standard is a test which shall be used to determine a client's ability to pay for certain services. For those clients who qualify, the Commission shall provide the cost of these services. For clients who do not qualify, the standard establishes the level of…

(a) The following table indicates the application of the financial need standard to prevention/adaptive living skills and education clients pursuant to N.J.A.C. 10:91-3.1: Adaptive Living Skills/ Prevention Education Purchase of Services Services Maintenance yes not applicable Tr…

VR services subject to the needs test standards are identified in N.J.A.C. 10:95. Notes N.J. Admin. Code § 10:91-3.3

(a) Participation by a client in the cost of services subject to financial need shall be required up to the calculated participation amount as follows: FINANCIAL PARTICIPATION SCALE This schedule establishes the client's level of responsibility (%) towards the cost of the service…

(a) Commission funds shall not be used until all other sources (comparable services) have been exhausted. 1. All applicants/clients shall be required to use or apply for comparable services for which they are eligible to cover, in whole or in part, the cost of services unless thi…

(a) The following services are available to all New Jersey residents: 1. The regional offices shall provide outreach, information/referral services and process applications for anyone contacting the Commission. Persons whose best corrected visual acuity is less than 20/50-1 but d…

(a) Referral to vision related diagnostic services is available to applicants as follows: 1. An ophthalmological exam, that is, an initial vision evaluation performed by an ophthalmologist including provision of a report which contains the physician's definitive diagnosis, progno…

(a) Once a determination of visual eligibility has been made by the Commission, the client may receive appropriate services as specified in (a)1 through 15 below. These services may require additional eligibility standards as identified in N.J.A.C. 10:92, 10:93, 10:94, 10:95 and …

(a) In addition to services specified in N.J.A.C. 10:91-4.1 through 4.3, services may be made available to eligible clients as described in (a)1 and 2 below and are subject to comparable service provisions. 1. Children's services as follows: i. Summer camp experience for children…

(a) Referrals shall be accepted from a variety of sources in either written or electronic media, including telephone. (b) Referrals will be contacted within 10 working days from the date of initial referral to the Commission. (c) All emergency calls shall be responded to immediat…

(a) A critical incident means the occurrence of serious accidental injuries to clients or suspected offenses involving injury to clients or their property. Such incidents may include professional medical treatment, loss of consciousness or restriction of activity or motion. (b) I…

(a) The purpose of the intake interview shall be: 1. To gain an initial assessment of the applicant's total needs; 2. To familiarize the applicant with Commission services; 3. To respond to the applicant's most immediate or emergency needs; 4. To determine whether eligibility sho…

(a) The client and primary caseworker shall discuss and agree to an Individual Client Service Plan (ISP) which addresses the client's needs. Vocational rehabilitation (VR) clients have an alternate plan called the Individualized Plan for Employment (IPE) which is developed once e…

(a) Payment for purchase of services for clients may be made by the Commission when requested, approved and allocated from the Commission funds. (b) Client financial participation toward the expense of Commission purchased services shall be based on the level of responsibility se…

(a) The Commission shall administer community based programs through contracts with provider agencies to meet the needs of Commission clients. (b) Clients shall be referred to a provider agency for the purpose of achieving specific objectives or goals. Information concerning a cl…

(a) Client information shall not be released without the written consent of Commission clients or their parents or guardians, or an order of a court of competent jurisdiction. (b) A client and/or parent or guardian may authorize the release of confidential information and medical…

(a) All Commission staff should be implementing universal precaution measures when interacting with the public. Upon learning of a client's communicable disease, a supervisor shall consult with the Commission's Administrative Medical Consultant as to what necessary precautions sh…

Reporting of institutional abuse of elderly persons shall be undertaken pursuant to N.J.S.A. 52:27G-1 et seq. and N.J.A.C. 5:100. Notes N.J. Admin. Code § 10:91-5.8