N.J. Admin. Code § 10:87-2.10
Current through Register Vol. 56, No. 21, November 4, 2024
Section 10:87-2.10 - Restrictions on authorized representatives(a) Public welfare agency employees who are involved in the certification and/or issuance process and retailers that are authorized to accept NJ SNAP benefits may not act as authorized representatives without the specific written approval of the CWA Director, and only if the Director determines that no one else is available to serve as an authorized representative. The CWA Director shall personally approve any appointments of this nature.(b) Individuals disqualified for intentional program violation shall not act as authorized representatives during the period of disqualification, unless the disqualified individual is the only adult member of the household able to act on its behalf and the CWA has determined that no one else is available to serve as an authorized representative. The CWA shall separately determine whether or not these individuals are needed to apply on behalf of the household and to access benefits in order to purchase food for the household. For example, the household may have an authorized representative but may not be able to find anyone to access their benefits and purchase food regularly. If the CWA also is unable to find anyone to serve as authorized representative to access benefits and purchase food regularly, the disqualified member shall be allowed to do so.(c) Limits shall not be placed on the number of households an authorized representative may represent. In the event that employers, such as those that employ migrant or seasonal farm workers, are designated as authorized representatives or that a single authorized representative has access to a large number of recipient benefits, the CWA will exercise caution to assure that: the household has freely requested the assistance of the authorized representative; the household's circumstances are correctly represented and the household is receiving the correct amount of benefits; and the authorized representative is properly accessing and using the benefits. When a CWA suspects an authorized representative of not properly accessing and using the benefits, it should report the circumstances to the Director, Division of Family Development, who will in turn forward the report to the FNS.(d) CWAs that have obtained evidence that an authorized representative has misrepresented a household's circumstances and has knowingly provided false information pertaining to the household, or has made improper access to or use of benefits, may disqualify that person from acting as an authorized representative for up to one year. The CWA shall send written notification to the affected household(s) and the authorized representative 30 days prior to the date of disqualification. The notification shall include the proposed action, the reason for the proposed action, the household's right to request a fair hearing, the telephone number of the NJ SNAP office and, if possible, the person to contact for further information. The household, not the authorized representative, may appeal this action. This provision is not applicable in the case of licensed or approved residential substance abuse treatment programs and those group homes that act as authorized representatives for their residents.(e) Homeless meal providers may not act as authorized representatives for homeless NJ SNAP recipients. A homeless meal provider means a public or private nonprofit establishment (for example, soup kitchen, temporary shelter), approved by the New Jersey Department of Human Services and authorized by FNS to accept NJ SNAP benefits, that feeds homeless persons.1. The Division of Family Development, or another appropriate State or local governmental agency identified by the New Jersey Department of Human Services in addition to FNS, shall approve establishments and shelters serving the homeless. The establishment or shelter is required to present sufficient evidence, as determined by the State agency, that it does in fact serve meals to homeless persons. The Division of Family Development will remain responsible for ensuring effective compliance with these provisions when another agency has been identified to approve establishments or shelters serving the homeless. Upon approval as a homeless meal provider by the State agency, the homeless meal provider must present evidence of the State's approval to FNS if it wishes to become authorized by FNS to accept NJ SNAP benefits.N.J. Admin. Code § 10:87-2.10
As amended, R.1984 d.17, effective 2/6/1984.
See: 15 N.J.R. 1821(a), 16 N.J.R. 246(a).
(a)4, disqualification of authorized representatives added.
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Substantially amended.
Amended by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Rewrote the section.
Amended by R.2012 d.031, effective 2/6/2012 (operative March 7, 2012).
See: 43 N.J.R. 2114(a), 44 N.J.R. 241(a).
In (a), (d), the introductory paragraph of (e), and (e)1, substituted "NJ SNAP" for "food stamp" throughout; in (c), inserted a comma following "employers" and "workers", and substituted "FNS" for "Food and Nutrition Service"; in (d), substituted "that" for "which" following "CWAs" and "group homes"; and in the introductory paragraph of (e), substituted "New Jersey" for "N.J.".