N.J. Admin. Code § 10:84-1.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:84-1.2 - Factors prompting the assumption of county operations

(a) The following are factors viewed as particularly significant program irregularities and management deficiencies. Elements such as unlawful activity, pervasive fiscal and/or program deficiencies are the primary basis for consideration of assumption action. Failure on the part of the county to correct any such deficiency so identified by the Department will result in the ultimate administrative takeover of program administration by the Department.

1. Unlawful activity refers to arrest, indictment or conviction by a court of law of any senior official of a county welfare agency, county welfare board or other appropriate county welfare agency governing body for abuse(s) related to public assistance program administration. Unlawful activity includes, but is not limited to, fraud, theft, perjury, removal, alteration or destruction of public records, other similar wrongdoing, or willful misuse of public assistance funds. Failure of the agency to remove such individual from the situation which enabled the unlawful activity shall be considered as evidence of noncompliance.

2. Fiscal operations irregularities or management deficiencies refer to absence of adherence to State and Federal fiscal procedures and regulations relating to public assistance administration. Inauditible fiscal records shall be interpreted as evidence of noncompliance if the agency fails to effect corrective action within specified timeframes.

3. Program operations irregularities or management deficiencies refer to persistent and pervasive failure on the part of the county welfare administrative agency to safeguard the confidentiality of its clients; or to regard an individual's civil rights in the administration of public assistance benefits and services; or to correctly determine program eligibility and/or timely and accurate benefit issuance in accordance with State and Federal program regulations and procedures; or failure to efficiently and effectively operate the public assistance program and fulfill the requirements of Federal and State public assistance laws. Failure on the part of the agency to take corrective action on formally identified deficiencies within specified time frames shall be considered evidence of noncompliance.

N.J. Admin. Code § 10:84-1.2

Administrative Correction.
See: 26 New Jersey Register 1657(b).
Amended by R.1999 d.27, effective 1/19/1999.
See: 30 New Jersey Register 3911(a), 31 New Jersey Register 135(c).
In (a)3, inserted "; or failure to efficiently and effectively operate the public assistance program and fulfill the requirements of Federal and State public assistance laws" at the end of the first sentence.
Amended by R.2003 d.301, effective 8/4/2003.
See: 35 New Jersey Register 1358(a), 35 New Jersey Register 3582(a).
In (a)3, substituted "formally identified deficiencies" for ", identified based on a program audit" in the last sentence.