N.J. Admin. Code § 10:87-11.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:87-11.9 - Reporting requirements

(a) The CWA shall report to USDA information concerning individuals disqualified for IPV, including those individuals disqualified based on the determination of a final administrative disqualification hearing decision or a court of appropriate jurisdiction and those individuals disqualified as a result of signing either a waiver of right to a disqualification hearing or a disqualification consent agreement in cases referred for prosecution.

(b) CWAs shall report information concerning each individual disqualified for IPV in a format known as the Disqualified Recipient System (DRS). This format shall include the individual's Social Security number, date of birth, full name, type of offense, number of the disqualification (1st, 2nd or 3rd), the State and county in which the disqualification took place, the date on which the disqualification took effect and the length of the disqualification period imposed.

(c) The CWA shall submit the required information on each individual disqualified for IPV through DFD's reporting system.

(d) All the data submitted by State agencies concerning individuals disqualified for IPV will be available for use by any New Jersey State agency or CWA. CWAs shall, at a minimum, use the data for the following:

1. To determine the eligibility of individual program applicants prior to certification in cases where the CWA has reason to believe a household member is subject to disqualification in another political jurisdiction;

2. To ascertain the appropriate penalty to impose, based on past disqualifications, in a case under consideration; and

3. To use this data in other ways, such as to screen all program applicants prior to certification and/or to periodically match the entire list of disqualified individuals against current caseloads.

(e) The disqualification of an individual for IPV in one political jurisdiction shall be valid in another. However, one or more IPVs which occurred prior to April 1, 1983, shall be considered as only one previous disqualification when determining the appropriate penalty to impose in a case under consideration, regardless of where the disqualification(s) took place. CWAs are required to identify any individuals disqualified for fraud prior to implementation of this rule and to submit the information required by this section on such individuals.

(f) In cases where the disqualification for an IPV is reversed by a court of appropriate jurisdiction, the CWA shall submit a report to purge the file of the information relating to the disqualification which was reversed.

N.J. Admin. Code § 10:87-11.9

As amended, R.1983 d.224, effective 5/31/1983.
See: 15 N.J.R. 633(a), 15 N.J.R. 1034(a).
Originally adopted as an Emergency Rule, R.1983 d.117, effective 3/31/1983, operative April 1, 1983. The amendments are pursuant to the Food Stamp Act Amendments of 1982 (P.L. 97-253) and Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35).
"Director of the CWA" replaced by "administrative law judge".
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Recodified from 11.7.
Repealed by R.1994 d.42, effective 1/18/1994.
See: 25 N.J.R. 4697(b), 26 N.J.R. 377(a).
Section was "Decision format".
Repeal and New Rule, R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Section was "Reserved".
Amended by R.2009 d.94, effective 3/16/2009.
See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b).
In (a), substituted "USDA" for "DFD" and deleted the last sentence; and in (b), substituted "CWAs" for "DFD".