N.J. Admin. Code § 10:90-11.6

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

Section 10:90-11.6 - Participation while awaiting a hearing

(a) A pending administrative disqualification or court hearing shall not affect the individual's right to participate in the program. Since the county or municipal agency cannot disqualify an individual for IPV until the hearing or court decision establishes that the individual has committed IPV, the county or municipal agency shall determine the eligibility of the individual based on the individual's current circumstances.

(b) The county or municipal agency shall reduce or terminate the individual's assistance if the county or municipal agency has documentation which substantiates that the individual is either ineligible or eligible for a lesser amount of assistance benefits. This provision applies even if the same evidence leads to the suspicion of IPV and the scheduling of a disqualification hearing. For example, the county or municipal agency may have facts which substantiate that the individual failed to report a change in his or her circumstances even though the county or municipal agency has not yet demonstrated that the failure to report involved an act of IPV. If the county or municipal agency reduces or terminates the individual's assistance before or after the scheduling of an IPV hearing, the individual has the right to request a fair hearing and to continue participation in the program pending the outcome of that fair hearing, in accordance with 10:90-9.3(e), notwithstanding a pending hearing to determine whether the individual committed IPV.