N.J. Admin. Code § 10:90-11.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:90-11.11 - IPV disqualification penalties

(a) IPV disqualification penalties affect only the individual found to have committed IPV; those penalties are not applied against the entire assistance unit. Individuals found to have committed IPV either through an administrative disqualification hearing or by a court of appropriate jurisdiction (not including pre-trial intervention), 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 as follows:

1. For a period of six months for the first violation;

2. For a period of 12 months for the second violation; and

3. Permanent disqualification for the third violation.

(b) During the disqualification period, the county or municipal agency shall not take the individual's needs into account when determining the WFNJ assistance unit's need and amount of assistance. Any resources and income of the disqualified individual will be considered in its entirety, available to the assistance unit.

(c) If an individual had previously been found guilty of committing welfare fraud before the implementation of the WFNJ IPV disqualification penalties, that finding shall not be considered as a previous IPV in determining the appropriate disqualification period to be applied in accordance with (a) above. The WFNJ IPV disqualification penalties shall be applicable to any act of IPV based upon information which was provided by the assistance unit in an WFNJ application for assistance, and that application informed the assistance unit of the WFNJ IPV disqualification penalties.

(d) If the court does not specify a disqualification period for a finding of IPV, the county or municipal agency shall impose the appropriate disqualification period unless contrary to the court order.

(e) If the court directs the county or municipal agency to either impose a specific disqualification period, or not to impose a disqualification period, the county or municipal agency shall comply with the directive of the court.

(f) Any period for which a disqualification penalty is imposed shall remain in effect, without the possibility of an administrative stay, unless and until the finding upon which the penalty was based is subsequently reversed by a court of appropriate jurisdiction.

(g) In cases where a disqualification penalty and other sanctions or penalties imposed by the court apply, the IPV disqualification penalties shall be in addition to, and cannot be substituted for, any other sanctions or penalties which may be imposed by law for the same offenses.

N.J. Admin. Code § 10:90-11.11