10:87-11.7 Court-imposed disqualification

(a) CSSAs are encouraged to refer for prosecution under State statutes those individuals suspected of committing an IPV, particularly if large amounts of NJ SNAP benefits are suspected of being obtained by acts of IPV or if the individual is suspected of committing more than one act of IPV. (b) The CSSA shall confer with its legal representative to determine the types of cases that will be accepted for possible prosecution. (c) The CSSA shall also encourage prosecutors to recommend to the courts that a disqualification penalty as provided at section 6(b) of the Food and Nutrition Act of 2008 (7 U.S.C. §§ 2011 et seq.) be imposed in addition to any other civil or criminal penalties for such violations. 1. If the court does not impose a disqualification period, the CSSA shall impose the appropriate disqualification period, unless contrary to the court order. 2. If disqualification is ordered but a date for initiating the disqualification period is not specified, the CSSA shall initiate the disqualification period for currently eligible individuals within 45 days of the date the disqualification was ordered. Any other court-imposed disqualification shall begin within 45 days of the date the court found a currently eligible individual guilty of civil or criminal misrepresentation or fraud. 3. Once a disqualification penalty has been imposed 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. (d) If the court finds that the household member committed an IPV, the CSSA shall provide written notice to the household member. The notice shall be provided prior to disqualification, whenever possible. The notice shall inform the household member of the disqualification and the date the disqualification shall take effect. The CSSA shall also provide written notice to the remaining household members, if any, of the allotment they will receive during the period of disqualification or that they must reapply because the certification period has expired. In addition, the CSSA shall provide the written demand letter for restitution. History HISTORY: As amended, R.1983 d.224, effective May 31, 1983. See: 15 N.J.R. 633(a), 15 N.J.R. 1034(a). Originally adopted as an Emergency Rule, R.1983 d.117, effective March 31, 1983, operative April 1, 1983. The amendments are pursuant to the Food Stamp Act Amendments of 1982 (P.L. 97-253) and the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35). References to fraud deleted; references to hearing officers deleted and replaced by references to Office of Administrative Law procedures. Amended by R.1989 d.121, effective February 21, 1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). Recodified from 11.4 with amendments to (j), (k) and (m). Amended by R.1994 d.42, effective January 18, 1994. See: 25 N.J.R. 4697(b), 26 N.J.R. 377(a). Amended by R.1998 d.498, effective October 5, 1998. See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b). In (f)1vi, substituted a reference to 12-month disqualifications for a reference to six-month disqualifications, and substituted a reference to 12-month disqualifications for a reference to 24- month disqualifications. Repeal and New Rule, R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Section was "Administrative disqualification hearing procedures". Amended by R.2007 d.129, effective May 7, 2007. See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a). In (a), substituted "food stamp benefits" for "food stamps". 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). Section was "Court imposed disqualification". In (a), substituted "NJ SNAP" for "food stamp"; and in the introductory paragraph of (c), substituted "Food and Nutrition Act of 2008 (7 U.S.C. §§ 2011 et seq.)" for "Food Stamp Act (7 U.S.C. § 2015)".