New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 11 - INCORRECT ISSUANCE › Section 10:87-11.1 - Disqualification for intentional program violation-administrative responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CWA shall
				be responsible for investigating any case of alleged intentional program
				violation (IPV), and ensuring that appropriate cases are acted upon either
				through administrative disqualification hearings or referral to a court of
				appropriate jurisdiction in accordance with the procedures outlined in this
				subchapter. Administrative disqualification procedures or referral for
				prosecution action shall be initiated by the CWA in cases in which the CWA has
				sufficient documentary evidence to substantiate that an individual has
				intentionally made one or more acts of IPV as defined at
				10:87-11.3(a).
(b) If the CWA does not initiate
				administrative disqualification procedures or refer for prosecution a case
				involving an overissuance caused by a suspected act of IPV, the CWA shall take
				action to collect the overissuance by establishing an inadvertent household
				error claim against the household in accordance with procedures at
				10:87-11.20(e)2.
(c) The CWA shall refer to the Division's
				Bureau of Administrative Review and Appeals administrative disqualification
				hearings cases in which the CWA believes the facts of the individual case do
				not warrant civil or criminal prosecution through the appropriate court system,
				cases previously referred for prosecution that were declined by the appropriate
				legal authority, and previously referred cases where no action was taken within
				a reasonable period of time and the referral was formally withdrawn by the
				CWA.
(d) The CWA shall not initiate
				an administrative disqualification hearing against an accused individual whose
				case is currently being referred for prosecution or subsequent to any action
				taken against the accused individual by the prosecutor or court of appropriate
				jurisdiction, if the factual issues of the case arise out of the same, or
				related, circumstances.
(e) The CWA
				may initiate administrative disqualification procedures or refer a case for
				prosecution regardless of the current eligibility of the individual.
(f) When the CWA refers the case to the
				prosecutor, the prosecutor has the option to proceed with a court procedure or
				deny the case. If the case is denied by the prosecutor, the client, in the
				prosecutor's presence, shall sign the Disqualification Consent Agreement (DCA)
				in accordance with
				10:87-11.5. The DCA notifies the
				client of the penalties involved when committing an IPV and by signing the DCA,
				the client acknowledges his or her understanding of those conditions.
1. After the case has been denied by the
				prosecutor, the case reverts back to the CWA which provides the client the
				option to proceed with an administrative disqualification hearing (ADH) or to
				sign an ADH waiver that waives his or her right to a hearing in accordance with
				10:87-11.5.