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N.J.A.C. 10:90-11.13 This file includes all Regulations adopted and published through the New Jersey Register, Vol. 56 No. 24, December 16, 2024

NJ - New Jersey Administrative Code > TITLE 10. HUMAN SERVICES > CHAPTER 90. WORK FIRST NEW JERSEY PROGRAM > SUBCHAPTER 11. INTENTIONAL PROGRAM VIOLATION

§ 10:90-11.13 County or municipal agency IPV administrative procedures

(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 N.J.S.A. 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.