New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 90 - WORK FIRST NEW JERSEY PROGRAM
Subchapter 11 - INTENTIONAL PROGRAM VIOLATION
Section 10:90-11.13 - County or municipal agency IPV administrative procedures

Universal Citation: NJ Admin Code 10:90-11.13

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The county or municipal agency must conduct an investigation of an allegation that an individual has committed IPV. The county or municipal agency is responsible for determining whether there is a basis in fact for believing that IPV may have been committed so that referral to the county prosecutor or other proper law enforcement official for legal action is justified. The action taken by the law enforcement official following referral determines what further legal action shall be pursued. Whether IPV has actually occurred is a question for the court. The county or municipal agency director may utilize the power of subpoena given him or her by 44:7-20 to secure testimony and records pertinent to the investigation and needed to determine true facts.

(b) Each county or municipal agency shall develop an operational method to carry out its responsibility which is best suited to its administrative structure and to local conditions and resources. There must be a clear allocation of duties and functions in the total process of investigation, reporting, evaluation, in making the decision to refer, and so forth. With respect to the function of investigation, the county or municipal agency may select one or a combination of the following plans:

1. The county or municipal agency may arrange for special investigation of cases of suspected fraud by another appropriate agency or official such as office of the county adjustor, the probation department, or the office of the county prosecutor, without cost to the county or municipal agency.

2. The county or municipal agency may elect to have staff carry the responsibility for the necessary special investigation in instances of suspected IPV, relying upon consultation with county or municipal agency counsel for the technical aspects of establishing adequate evidence on which to base a decision.

3. Whatever administrative plan is adopted, there will be instances where discussion should be arranged with county or municipal agency counsel and/or the county or municipal prosecutor's office as to the nature and conduct of the investigation.

4. Each county or municipal agency shall file a detailed description of the administrative plan with DFD and shall advise DFD of any subsequent proposed change in the plan before it becomes effective.

(c) When the investigation of any case of suspected IPV is completed, the county or municipal agency director, in consultation with counsel, shall be responsible for determining whether the matter should be referred to the county prosecutor or other proper law enforcement official.

(d) In cases where the county or municipal agency has completed an investigation based upon a belief that IPV has been committed, an Investigation Initiation Sheet shall be routed through the county or municipal agency director to DFD. The form shall be completed when the county or municipal agency determines that no fraud exists, when the case is disposed of through administrative action, or when the case is forwarded to the county prosecutor.

(e) Upon disposition of the case by law enforcement officials (county prosecutor or municipal court), an Investigation Disposition Sheet shall be completed and routed through the county or municipal agency director to DFD.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.