N.J. Admin. Code § 10:69-9.22

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:69-9.22 - Rights of individual under investigation

(a) The CWA shall insure that an individual under investigation shall have the following rights:

1. The agency shall insure that information obtained from or concerning a person under investigation shall be restricted in accordance with 10:69-9.8. The agency shall take special precautions in obtaining information from a third party so that no accusations relevant to the alleged fraud are disclosed, including the reason for the investigation or the nature of the allegation, without the written consent of the individual under investigation.

2. The agency shall insure that investigative methods do not infringe on the civil liberties of the individual or interfere with due process of law. The agency shall be prohibited from obtaining forced entry, conducting residence searches without consent of the client, making home visits during normal sleeping hours (generally 10:00 P.M. to 7:00 A.M.) or requiring that an individual be subjected to a lie detector test.

3. The individual shall be advised of the opportunity, where available, to obtain legal counsel through Legal Services, Legal Aid Society, lawyer referral service of the Office of the Public Defender.

N.J. Admin. Code § 10:69-9.22

Amended by 49 N.J.R. 3729(a), effective 12/4/2017