10:87-10.16 Penalty for noncompliance with employment and training requirements

(a) If the CSSA determines that an individual has refused or failed to comply with the requirements imposed by this subchapter, that individual shall be ineligible to participate in the NJ SNAP program as described below, and is treated as an ineligible household member in accordance with N.J.A.C. 10:87-7.7. 1. The first violation results in a disqualification of either one month, or until the individual complies with the work registration or NJ SNAP EPT requirement, which he or she failed to perform, whichever is later. 2. The second violation results in a disqualification of either three months, or until the individual complies with the work registration or NJ SNAP EPT requirement, which he or she failed to perform, whichever is later. 3. The third and subsequent violations result in a disqualification of either six months, or until the individual complies with the work registration or NJ SNAP EPT requirement, which he or she failed to perform, whichever is later. (b) The period of ineligibility shall be removed if the individual becomes exempt from work registration through the provisions at N.J.A.C. 10:87-10.2 other than the exemptions at N.J.A.C. 10:87-10.2(b) (exemption due to receipt of UIB) or N.J.A.C. 10:87-10.2(b)7 (exemption due to compliance with a WFNJ/TANF work or training requirement). (c) Should a household which has been determined to be noncompliant without good cause split into more than one household, the disqualification shall follow the member who caused the disqualification. If the member who failed to comply joins another household the individual shall be considered an ineligible household member in accordance with N.J.A.C. 10:87-7.7. (d) The CSSA shall determine whether good cause for noncompliance exists in accordance with N.J.A.C. 10:87-10.18. (e) The CSSA shall provide the individual or household with a notice of adverse action within 10 days of determining that the noncompliance was without good cause. Such notification shall contain the particular act of noncompliance committed, the proposed period of disqualification and shall specify that the individual or household may reapply at the end of the disqualification period. Information shall also be included with the notice on the action that can be taken to end or avoid the disqualification, and procedures and requirements for reestablishment of eligibility. (f) The disqualification period shall begin with the first month following the expiration of the adverse action notice period, unless a fair hearing is requested. History HISTORY: Amended by R.1989 d.121, effective February 21, 1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). This section was originally 3.20(c)-(e)5. Amended by R.1991 d.247, effective May 6, 1991. See: 23 N.J.R. 179(a), 23 N.J.R. 1412(b). In (c): revised N.J.A.C. citation and added final sentence to text regarding a household determined to be ineligible due to failure to comply with work registration requirements. Amended by R.1998 d.498, effective October 5, 1998. See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b). Rewrote (a) and (b); and in (c), added "or until the individual complies with the work registration or ETP requirement which he or she failed to perform, whichever is greater" at the end of the second sentence. Recodified from N.J.A.C. 10:87-10.21 and amended by R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Rewrote (a) and (c). Former N.J.A.C. 10:87-10.16, Strikers, recodified to N.J.A.C. 10:87-10.11. Amended by R.2007 d.129, effective May 7, 2007. See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a). Substituted "disqualification" for "sanction" throughout. Amended by R.2012 d.031, effective February 6, 2012 (operative March 7, 2012). See: 43 N.J.R. 2114(a), 44 N.J.R. 241(a). In the introductory paragraph of (a), substituted "NJ SNAP program" for "Food Stamp Program"; in (a)1 through (a)3, substituted "NJ SNAP EPT requirement," for "FSETP requirement"; and in (e), substituted the third occurrence of "that" for "which" and "disqualification," for "sanction". Modified by Executive Order No. 103(2020), effective April 2, 2020. See: 52 N.J.R. 978(b).