N.J. Admin. Code § 10:87-11.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10:87-11.2 - Disqualification penalties

(a) Individuals found to have committed an IPV, through either an administrative disqualification hearing or by a Federal, State or local court, or who have signed either a waiver of right to an administrative disqualification hearing or a disqualification consent agreement in cases referred for prosecution, shall be ineligible to participate in the program, except as provided at (b) through (e) below. The following are disqualification penalties:

1. A period of 12 months for the first IPV;

2. A period of 24 months upon the second occasion of an IPV; and

3. Permanently for the third occasion of any IPV.

(b) Individuals found by a Federal, State or local court to have used or received benefits in a transaction involving the sale of a controlled substance (as defined in section 102 of The Controlled Substances Act, 21 U.S.C. § 802 ) shall be ineligible to participate in the program as follows:

1. For a period of 24 months upon the first occasion of such violation; and

2. Permanently upon the second occasion of such violation.

(c) Individuals found by a Federal, State or local court to have used or received benefits in a transaction involving the sale of firearms, ammunition or explosives shall be permanently ineligible to participate in the program upon the first occasion of such violation.

(d) An individual convicted by a Federal, State or local court of having trafficked benefits for an aggregate amount of $ 500.00 or more shall be permanently ineligible to participate in the program upon the first occasion of such violation.

(e) Except as provided at (a)3 above, an individual found to have made a fraudulent statement or representation with respect to the identity or place of residence of the individual in order to receive multiple NJ SNAP benefits simultaneously shall be ineligible to participate in the program for a period of 10 years.

(f) The penalties at (b) and (c) above shall also apply in cases of deferred adjudication as described at 10:87-11.8, where the court makes a finding that the individual engaged in the conduct described at (b) and (c) above.

(g) If a court fails to impose a disqualification or a disqualification period for any IPV, the CWA shall impose the appropriate disqualification penalty specified at (a) through (e) above, unless it is contrary to the court order.

(h) One or more IPVs which occurred prior to April 1, 1983, shall be considered as only one previous disqualification when determining the appropriate penalty to impose in a case under consideration.

(i) Regardless of when an action taken by an individual which caused an IPV occurred, the disqualification periods at (b) and (c) above shall apply to any case in which the court makes the requisite finding on or after September 1, 1994.

(j) For the disqualification periods at (a), (e) or (f) above, if the offense occurred prior to the implementation of these penalties, the CWA shall establish a policy of disqualifying these individuals in accordance with the disqualification periods in effect at the time of the offense. This policy must be consistently applied for all affected individuals.

(k) CWAs shall disqualify only the individual found to have committed the IPV, or who signed the waiver of the right to an administrative disqualification hearing or disqualification consent agreement in cases referred for prosecution, and not the entire household.

(l) Even though only the individual is disqualified, the household is responsible for making restitution for the amount of any overpayment. All IPV claims must be established and collected in accordance with 10:87-11.20.

(m) The individual shall be notified in writing once it is determined that he or she is to be disqualified. The disqualification period shall begin no later than the second month which follows the date the individual receives written notice of the disqualification. The disqualification period shall continue uninterrupted until completed, regardless of the eligibility of the disqualified individual's household.

N.J. Admin. Code § 10:87-11.2

Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Recodified from N.J.A.C. 10:87-11.1(a)4.-5. to 11.2(a)-(f).
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
In (a), rewrote the last sentence.
Repeal and New Rule, R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Section was "Imposing disqualification periods".
Administrative change.
See: 44 N.J.R. 1529(a).