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LSNJ LAW Home > Legal Topics > Courts > New Jersey State Administrative Agencies > Overview of Administrative Law

Types of Cases Heard in the Office of Administrative Law (OAL)

The New Jersey state administrative agencies are separate from the New Jersey state courts. The state administrative agencies have their own judges and rules to decide cases. Because of this, some administrative procedures are quite different from standard court procedures.

Common Types of Cases

New Jersey’s Office of Administrative Law (OAL) holds most of the administrative hearings in the state involving state-run benefits and agency disputes. Examples of cases commonly heard in the state administrative law system include:

  • Denial or reduction of unemployment compensation
  • Wage and hour complaints
  • Denial, reduction, or termination of welfare (Temporary Assistance for Needy Families, TANF, and General Assistance, GA)
  • Denial, reduction, or termination of Medicaid and other state health benefits
  • Denial, reduction, or termination of food stamps/SNAP
  • Special Education disputes (e.g., parents disagreeing with a school district's Individualized Education Program)
  • Motor Vehicle Commission (MVC) license suspensions
  • Civil Service disciplinary actions for public employees
  • Child Abuse Record Information (CARI) registry appeals

How a Case Gets to the OAL

You cannot file a request for a hearing directly with the Office of Administrative Law. Instead, you must request the hearing through the specific state agency that made the decision you disagree with (for example, your county Board of Social Services). If the agency cannot resolve the issue, they will "transmit" (send) your case to the OAL for a hearing.

Exceptions: Hearings Not Held at the OAL

Not all administrative hearings take place at the OAL. For example:

  • Unemployment: All unemployment compensation decisions are made by the Department of Labor. See Unemployment Insurance (from the New Jersey Department of Labor and Workforce Development) for more information about appealing these decisions.
  • Wage and Hour: All decisions on wage and hour complaints are initially made by the Wage Collection Referees at the Department of Labor. See Wage & Hour (from the New Jersey Department of Labor and Workforce Development) for more information about appealing these decisions.

Do I Need a Lawyer?

You have the right to represent yourself at the OAL. In some specific types of OAL hearings, such as Special Education or certain welfare cases, the rules even allow a non-lawyer—like a relative, friend, or advocate—to assist you or speak on your behalf. If you cannot afford a lawyer, you may also contact Legal Services of New Jersey (LSNJ) to see if you qualify for free legal assistance.

Preparing for Your Hearing Day

OAL hearings may be held virtually (via Zoom or phone) or in person. Be sure to carefully read your hearing notice for information on the date, time and place of your hearing and instructions on how to submit documents in advance. If your hearing is in person, bring at least three copies of any documents or evidence you want the judge to look at: one for the judge, one for the agency's representative (your adversary), and one for yourself. You may also bring witnesses to testify on your behalf.

Understanding the Judge's Decision & Appeals

In most cases, the OAL judge will issue an Initial Decision. This is not the final outcome.

  1. Exceptions: The Initial Decision is sent back to the head of the state agency. You will have a short window of time (usually 13 days) to submit written objections—called "exceptions"—to the agency head if you disagree with the judge.
  2. Final Decision: The agency head will then review the Initial Decision and any exceptions, and issue a Final Agency Decision.
  3. Appellate Division: If you disagree with the Final Agency Decision, you may appeal it to the Appellate Division of the Superior Court. However, you must take advantage of all possible administrative law procedures (exhausting your administrative remedies) before going to the Superior Court. See Appellate Division (from the New Jersey Judiciary) for more information.