New Jersey § 52:27d-402

§ 52:27d-402.

a. Consistent with the Community Services Block Grant Act 1 the State shall provide assurances that any eligible entity which received funding

in the previous fiscal year under this act will not have its present or future funding

terminated under this act or reduced below the proportional share of funding it received

in the previous fiscal year unless after notice, and opportunity for hearing on the

record, the State determines that cause existed for such termination or such reduction

subject to review by the commissioner as provided in the Community Services Block

Grant Act. For the purpose of making a determination with respect to a funding reduction, the

term “cause” includes: (1) a Statewide redistribution of funds under the Community Services Block Grant Act

to respond to: (a) the results of the most recently available census or other appropriate data; (b) the establishment of a new eligible entity; (c) severe economic dislocation; and (2) corrective measures to bring such agency or organization into compliance with

the terms of its agreement to provide services under the Community Services Block

Grant Act. b. An agency's funds will only be withheld in the event that a corrective action plan's

requirements for compliance are not accomplished within the specified compliance date. c. An aggrieved community action agency shall be entitled to an administrative hearing

in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 ( C.52:14B-1 et seq. ), and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 . In accordance with the “Administrative Procedure Act,” the commissioner or his designee

shall issue the final decision in all cases. The request for a hearing shall be filed with the commissioner within 15 days of

the receipt of the Department of Community Affairs' decision. If requested by the community action agency, the commissioner's decision regarding

the termination or reduction of funding shall be subject to the review of the Secretary

of the U.S. Department of Health and Human Services consistent with the Community

Services Block Grant Act. d. The Governor of the State of New Jersey may, at the Governor's discretion, determine

to provide services with Community Services Block Grant Act funds in an area in which

services have not previously been provided by a community action agency or delegate

thereof. In the event the Governor so decides to serve an area, the Governor may initially

request any community action agency which services any contiguous area to provide

the services the Governor has decided to direct to that area or, if no community action

agency accepts that request or there is no community action agency providing services

contiguous to the area, the Governor may request any community action agencies nearby

to the unserved area to provide services in the area. If no contiguous or nearby community action agency, upon request of the Governor,

agrees to provide services in the area, the Governor may then select another entity

at the Governor's discretion to provide those services. 1

42 U.S.C.A. § 9901 et seq.