N.J. Admin. Code § 10:90-11.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:90-11.1 - Definition of intentional program violation (IPV)

(a) Intentional program violation (IPV) is any statement or act by an individual for the purpose of establishing or maintaining the assistance unit's eligibility for WFNJ assistance, for increasing or preventing a reduction in the WFNJ assistance, or to prevent denial or termination of WFNJ assistance, which is intentionally: a false or misleading statement or misrepresentation, concealment, or withholding of facts; or an act intended to mislead, misrepresent, conceal, withhold facts, or to propound a falsity.

1. "WFNJ assistance" is defined, for this purpose, as WFNJ/TANF or WFNJ/GA cash assistance, WFNJ emergency assistance, WFNJ child care benefits, WFNJ special payments, WFNJ temporary rental assistance, or WFNJ transportation or work-related allowances or reimbursements.

(b) When evaluating alleged IPV by an individual, there are three basic elements which must be established through investigation:

1. The misrepresentation or concealment must have been deliberate and done knowingly. IPV does not exist if the misrepresentation or concealment is the result of an unintentional act, a misunderstanding or mental incompetence. Distinction must also be made between an intent to defraud on the part of an individual, and omission, neglect or error by the county or municipal agency's representatives in securing and recording information;

2. The misrepresentation or concealment must have been undertaken for the express purpose of receiving or obtaining benefit from, or attempting to receive or obtain benefit from, a payment of assistance to which the individual was not entitled; and

3. If the misrepresentation or concealment, or the attempt to misrepresent or conceal a relevant fact, had been known to the county or municipal agency, assistance would not have been granted or would have been granted in a lesser amount.

(c) The evidence to establish the three points delineated in (b) above must be factual and capable of being demonstrated in an administrative disqualification hearing or in a court of law through the testimony of witnesses, or by documentary evidence.

(d) At the time of application for WFNJ, individuals shall be provided with written notice informing them of the WFNJ disqualification penalties that will be imposed for committing IPV. Current WFNJ recipients shall also be provided with the written notice at the time of case redetermination.

(e) A person is presumed innocent until proven guilty. Except as provided in 10:90-11.6(b), assistance shall be continued to an eligible person, even though there is reason to suspect that IPV has been committed, while the facts are under review by the county or municipal agency, or the law enforcement authority.

(f) The county or municipal agency shall ensure that an individual under investigation shall have the following rights:

1. The county or municipal agency shall ensure that information obtained from or concerning a person under investigation shall be restricted in accordance with 10:90-7.7. The county or municipal agency shall take special precautions in obtaining information from a third party so that no accusations relevant to the alleged IPV are disclosed, including the reason for the investigation or the nature of the allegation, without the written consent of the individual under investigation.

2. The county or municipal agency shall ensure that investigative methods do not infringe on the civil liberties of the individual or interfere with due process of law. The county or municipal agency shall be prohibited from obtaining forced entry, conducting residence searches without consent of the client, making home visits during normal sleeping hours (generally 10:00 P.M. to 7:00 A.M.), or requiring that an individual be subjected to a lie detector test.

3. Rules on warning and waiver of rights are as follows:

i. When the questioning of an individual regarding a possible charge of IPV becomes accusatory in nature, no individual may be asked or permitted to sign any waiver of rights before he or she has had an opportunity to read, or if necessary have read to him or her, the individual's right to refrain from answering any questions and to terminate the interview at will at any time. The individual shall also be given a copy of the statement explaining the individual's rights. The individual shall also be advised at that time of the opportunity, where available, to obtain legal counsel through Legal Services, the Legal Aid Society, or the lawyer referral service of the Office of the Public Defender. The individual shall be advised at that time that if he or she requests the presence of an attorney, the county or municipal agency shall postpone the interview for a reasonable period of time so that the individual may arrange for legal representation.

ii. The county or municipal agency representative shall ask if the individual wishes to sign the waiver of rights statement, indicating that he or she acknowledges his or her rights and agrees to discuss the matter without the presence of an attorney. The county or municipal agency representative shall witness the waiver by signing and dating the document. A copy of the signed document shall be given to the individual.

iii. If the individual refuses to sign the waiver, no further questioning shall occur at this time. If the individual requests the presence of an attorney, the county or municipal agency shall postpone the interview for a reasonable period of time so that the accused individual may arrange for legal representation. However, the investigation shall not be delayed pending the interview.

N.J. Admin. Code § 10:90-11.1

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).