N.J. Admin. Code § 10:87-10.15

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10:87-10.15 - Failure to comply with employment and training requirements

(a) If an individual fails to comply with a work registration or an NJ SNAP ETP component requirement, without good cause, the CWA shall perform the following actions:

1. The CWA shall issue a 10-day notice of adverse action to the household member in noncompliance. The client will have 10 days after the adverse action notice is sent to comply with the NJ SNAP ETP activity requirements, or show good cause as to why he or she has not complied. Failure to comply or show good cause shall result in an NJ SNAP disqualification penalty in accordance with N.J.A.C. 10:87-10.16;

2. When response to the adverse action notice results in an agreement to begin a new activity or continue with the previously assigned activity, or if the client shows good cause for not complying with his or her NJ SNAP ETP activity, no further action shall be taken to impose the NJ SNAP disqualification penalty; and/or

3. If the client fails to comply with his or her NJ SNAP ETP activity after agreeing to begin a new activity or fails to continue with his or her previously assigned activity, without good cause, the client shall be sent an adverse action notice reauthorizing the imposition of the original NJ SNAP disqualification penalty.

(b) Ten days after the adverse action notice has been issued, the CWA shall begin the disqualification period in accordance with N.J.A.C. 10:87-10.16.

1. The following information shall be provided in the 10-day adverse action notice:

i. A description of the non-cooperation;

ii. Announcement of the imposition of the NJ SNAP disqualification, the penalty and the duration; and

iii. Encouragement to cooperate before the case closes.

2. Each individual or household has a right to a fair hearing to appeal a denial, reduction, or termination of benefits due to a determination of non-exempt status or a CWA/LWD determination of failure to comply with the work registration and/or work and training requirements of this subchapter (see N.J.A.C. 10:87-10.17).

3. If the individual who committed the violation is the head of household, a new head of household shall be determined in accordance with N.J.A.C. 10:87-2.6.

4. If the individual who committed the violation is the only adult member of the household able to act on its behalf and the CWA has determined that no one else is available to serve as an authorized representative, then the disqualified household member may serve as an authorized representative in accordance with N.J.A.C. 10:87-2.10.

(c) An NJ SNAP recipient subject to the able-bodied adults without dependents (ABAWDS) provisions, who is in his or her third full month of receiving NJ SNAP benefits without having met the work requirements, shall not be entitled to any further NJ SNAP benefits without reestablishing eligibility in accordance with N.J.A.C. 10:87-10.20.

1. Good cause shall not exist for an NJ SNAP recipient who is subject to the ABAWDS provisions and who has received three months of NJ SNAP benefits while not participating as required.

2. In the situation described at (c) above, such individuals shall be sent a notice of adverse action informing them that their NJ SNAP benefits will be terminated or denied, as applicable to the household's situation. These individuals shall be referred to LWD, which can provide services and activities for the ABAWDS to reestablish eligibility in accordance with N.J.A.C. 10:87-10.20(d).

N.J. Admin. Code § 10:87-10.15

Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b) .
This section was originally 3.20(a)-(b).
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b) .
Rewrote (a); and in (b), substituted references to DOL for references to FSETP throughout.
Recodified from N.J.A.C. 10:87-10.20 and amended by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a) .
Rewrote the section. Former N.J.A.C. 10:87-10.15, Unsuitable employment, recodified to N.J.A.C. 10:87-10.10 .
Amended by R.2007 d.129, effective 5/7/2007.
See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a) .
Substituted "LWD" for "DOL" throughout.
Repeal and New Rule, R.2009 d.94, effective 3/16/2009.
See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b) .
Section was "Failure to comply with employment and training requirements".
Administrative change.
See: 44 N.J.R. 1529(a) .
Modified by Executive Order No. 103(2020), effective 4/2/2020.
See: 52 N.J.R. 978(b) .