Williams v. Dep't of Human Servs., 583 A.2d 297 (N.J. 1989). · Go Syfert
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Williams v. Dep't of Human Servs., 583 A.2d 297 (N.J. 1989). Cases Citing This Book View Copy Cite
9 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: LT v. Dept. of Human Services (njsuperctappdiv, 1993-05-03)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) LT v. Dept. of Human Services
N.J. Super. Ct. App. Div. · 1993 · confidence medium
The Court determined that "a factual dispute exists over whether the respondent ... has set in place the proposed administrative changes and financial commitments that were `to make reasonably certain that [the EA claimants] previously housed in motels will find shelter and eventually housing elsewhere.'" Williams II, supra, 121 N.J. at 589, 583 A. 2d 297 . *338 Due to this dispute, the Court remanded to DHS for the development of a record by the Office of Administrative Law.
discussed Cited "see" Pryce v. Scharff (2×)
N.J. Super. Ct. App. Div. · 2006 · signal: see · confidence high
See Williams v. Dep't *680 of Human Services, 116 N.J. 102, 107-08 , 561 A. 2d 244 (1989) ( remanded by 121 N.J. 589 , 583 A. 2d 297 (1989)); Blecker v. State, 323 N.J.Super. 434, 442 , 733 A. 2d 540 (App.Div.1999).
Retrieving the full opinion text from the archive…
FLOYD WILLIAMS
v.
DEPARTMENT OF HUMAN SERVICES SAM JIMPERSON v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES
Supreme Court of New Jersey.
Dec 28, 1989.
583 A.2d 297
Cited by 3 opinions  |  Published

This matter having been opened to the Court on plaintiffs’ motion for deferral until April 1, 1990, of the effective date of the Court’s judgment in the within appeal as announced in its opinion of August 1, 1989, Williams v. Department of Human Services, 116 N.J. 102, 125, 561 A.2d 244; and

It appearing that a factual dispute exists over whether the respondent, Department of Human Services, has set in place the proposed administrative changes and financial commitments that were “to make reasonably certain that [the EA claimants] previously housed in motels will find shelter and eventually housing elsewhere,” ibid.; and

It further appearing that the Court cannot resolve the dispute on the basis of the pleadings, exhibits, and affidavits submitted in support of the motion;

It is ORDERED:

1. The matter is remanded to the Department of Human Services (DHS) for the development of a record that would permit an informed decision on the motion. See Abbott v. Burke, 100 N.J. 269, 303, 495 A.2d 376 (1985).

2. The Department shall refer the development of the foregoing record to the Office of Administrative Law (OAL), which shall conduct any necessary hearing and afford the interested parties the opportunity to present any further evidence or exhibits.

[*590] 3. The Administrative Law Judge (AU) shall submit an initial decision consisting of recommended findings of fact and conclusions of law on two questions: (1) whether the administrative changes and financial commitments made by DHS make it reasonably certain that on termination of emergency benefits, the claimants will find shelter; and (2) whether there are in place rules and procedures that establish which agency of government is “in charge” of providing the shelter contemplated by the Legislature and with what resources.

4. The AU shall submit recommended findings to DHS by February 10,1990, and DHS shall render its agency findings on the recommendations of the AU by March 1, 1990. Any party may submit, by March 15, 1990, further briefs to the Court on the findings.

5. Pending receipt of the record and submissions, this Court’s judgment is stayed until further Order of the Court. The challenged regulation establishing a 150-day expiration date may be applied with the opportunity for claimants to seek extensions in individual cases, based on DHS’s representation in its papers submitted to this Court that “no one who requested further assistance and was eligible for continued General Assistance failed to receive further assistance.”