New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL
Subchapter 11 - INCORRECT ISSUANCE
Section 10:87-11.6 - Waived hearings
Universal Citation: NJ Admin Code 10:87-11.6
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Accused individuals shall have the option to waive their rights to an administrative disqualification hearing. The procedures shall conform with the requirements outlined below:
1. The CWA shall provide
written notification to the household member suspected of an IPV that the
member can waive his or her right to an administrative disqualification
hearing. Prior to providing this written notification to the household member,
the CWA shall ensure that the evidence against the household member is reviewed
by someone other than the eligibility worker assigned to the accused
individual's household and a decision is obtained that such evidence warrants
scheduling a disqualification hearing.
i. The
written notification provided to the household member which informs him or her
of the possibility of waiving the administrative disqualification hearing shall
include, at a minimum the following:
(1) The
date that the signed waiver must be received by the CWA to avoid the holding of
a hearing and a signature block for the accused individual, along with the
statement that the head of household must also sign the waiver if the accused
individual is not the head of household, with an appropriately designated
signature block;
(2) A statement of
the accused individual's right to remain silent concerning the charge(s), and
that anything said or signed by the individual concerning the charge(s) can be
used against him or her in a court of law;
(3) The fact that a waiver of the
disqualification hearing shall result in disqualification and a reduction in
benefits for the period of disqualification, even if the accused individual
does not admit to the facts as presented by the CWA;
(4) An opportunity for the accused individual
to specify whether or not he or she admits to the facts as presented by the
CWA;
(5) The telephone number and,
if possible, the name of the person to contact for additional information;
and
(6) The fact that the remaining
household members, including an alien sponsor, if appropriate, and an
authorized representative, if any, will be held responsible for repayment of
the resulting claim.
ii.
If the household member is notified of the possibility of waiving his or her
right to an administrative disqualification hearing before the CWA has
scheduled a hearing, the CWA is not required to notify the household member of
the date, time and place of the hearing at that point.
2. If the household member suspected of an
IPV signs the waiver of right to an administrative disqualification hearing and
the signed waiver is received within the time frame specified at (a)1i(1)
above, the household member shall be disqualified in accordance with the
disqualification periods specified at
10:87-11.2(a).
i. The period of disqualification shall begin
with the first month which follows the date the household member receives
written notification of the disqualification. However, if the act of IPV which
led to the disqualification occurred prior to the written notification of the
disqualification periods specified at
10:87-11.2(a),
the household member shall be disqualified in accordance with the
disqualification periods in effect at the time of the offense. The same act of
IPV repeated over a period of time shall not be separated so that separate
penalties can be imposed.
ii. No
further administrative appeal procedure exists after an individual waives his
or her right to an administrative disqualification hearing and a
disqualification penalty has been imposed. The disqualification penalty cannot
be changed by a subsequent fair hearing decision. The household member,
however, is entitled to seek relief in a court having appropriate jurisdiction
or other injunctive remedy.
iii.
Once a disqualification penalty has begun against a currently participating
household member, the period of disqualification shall continue uninterrupted
until completed, regardless of the eligibility of the disqualified member's
household. However, the disqualified member's household shall continue to be
responsible for repayment of the overissuance which resulted from the
disqualified member's IPV, regardless of its eligibility for program
benefits.
3. The CWA
shall provide written notice to the household member prior to disqualification.
The CWA shall also provide written notice to any remaining household members of
the allotment they will receive during the period of disqualification or that
they must reapply because the certification period has expired. The notice(s)
shall conform to the requirements for notification of a hearing decision
specified at
10:87-11.5(a)8. A
written demand letter for restitution, as described at
10:87-11.20(i),
shall also be provided.
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