New Jersey Administrative Code

The State Agency will promptly inform the household in writing if benefits are reduced or terminated pending the hearing decision. Notes N.J. Admin. Code § 10:87-8.11

The hearing shall be conducted pursuant to the Special Hearing Rules for Division of Family Development cases, N.J.A.C. 1:10, and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Notes N.J. Admin. Code § 10:87-8.12 Repeal and New Rule, R.1994 d.42, effective 1/18/1994. S…

The hearing officer shall be an administrative law judge assigned by the Office of Administrative Law. The hearing official shall not be a person who has been connected in any way with the county welfare agency action or inaction which is currently under appeal. Notes N.J. Admin.…

(a) The household shall have the following rights: 1. Prior to and at the time of the hearing, the household shall have the right to examine all documents and records which are to be used during the hearing. 2. The contents of the case record, including the application form and d…

The CWA shall appoint a representative to appear at the hearing who shall be a CWA representative who is familiar with the case and issue(s) involved in the hearing. Notes N.J. Admin. Code § 10:87-8.15 Recodified from N.J.A.C. 10:87-8.16 and amended by R.2004 d.181, effective 5/1…

The fair hearing decision shall be effective on the date of final decision unless another effective date is designated in the final fair hearing decision. Notes N.J. Admin. Code § 10:87-8.16 Amended by R.1994 d.42, effective 1/18/1994. See: 25 New Jersey Register 4697(b), 26 New …

An official and complete record of each fair hearing will be maintained in the files of the Division of Family Development for at least three years after the date decision is rendered. The household or its representative may review, upon appointment, all or any part of the offici…

A decision requiring action by the CWA may apply either prospectively with regard to future action by the CWA or retroactively to the date an incorrect action was taken. If the decision results from mutual agreement of the parties at the hearing, it shall be so stated. Notes N.J.…

The State Division of Family Development will take such steps as may be necessary to assure that the decision has been carried out. Corrective or remedial measures ordered by a hearing decision, unless otherwise directed in the decision, will be implemented by the local agency im…

The CWA shall make Form NJ SNAP-196, "Fair Hearings in the NJ SNAP program", available to any interested party upon request. Notes N.J. Admin. Code § 10:87-8.2 Amended by R.1985 d.180, effective 4/15/1985 (operative May 1, 1985). See: 17 N.J.R. 167(a), 17 N.J.R. 969(a). Old text …

Final administrative agency action on fair hearing decisions shall be implemented by the local agency within 60 days of the date of the hearing request. However, delay in the hearing process resulting from postponement of a scheduled hearing may extend the time period for local a…

(a) When the hearing decision is that a household has been improperly denied program benefits or has been issued a lesser allotment than was due, lost benefits shall be provided in accordance with N.J.A.C. 10:87-11.13. (b) When the hearing decision upholds the CWA's action, a cla…

Notes N.J. Admin. Code § 10:87-8.22 Recodified to N.J.A.C. 10:87-8.18 by R.2004 d.181, effective 5/17/2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Section was "Prospective or retroactive action".

Notes N.J. Admin. Code § 10:87-8.23 Repealed by R.2004 d.181, effective 5/17/2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Section was "Synopsis of decision".

Notes N.J. Admin. Code § 10:87-8.24 Recodified to N.J.A.C. 10:87-8.19 by R.2004 d.181, effective 5/17/2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Section was "Corrective measures".

Notes N.J. Admin. Code § 10:87-8.25 Recodified to N.J.A.C. 10:87-8.20 by R.2004 d.181, effective 5/17/2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Section was "Final administrative action".

Notes N.J. Admin. Code § 10:87-8.26 As amended, R.1981 d.64, effective 2/26/1981. See: 13 New Jersey Register 226(b). (e) added. Amended by R.1989 d.121, effective 2/21/1989. See: 20 New Jersey Register 2689(a), 21 New Jersey Register 511(b). Recodified to N.J.A.C. 10:87-8.21 by …

Fair hearings will be denied those households which are merely disputing the fact that a federally mandated reduction, suspension, or cancellation was ordered. However, if the request for a fair hearing is based on a household's belief that its benefit level was computed incorrec…

Any clear expression, oral or written, by the household or its representative to the effect that it wishes to appeal an action of the CWA or which indicates a desire to present the case to a higher authority shall be construed as a request for a fair hearing. Notes N.J. Admin. Co…

(a) The right to request a fair hearing shall not be limited or interfered with in any way. 1. Informal efforts to resolve a dispute may be made through field contacts, office interviews with supervisory personnel, consultation with the State DFD Field Representative, etc. In no …

A household may request a hearing on any action by the CWA or loss of benefits which occurred in the prior 90 days. Action by the CWA shall include a denial of a request for restoration of any benefits lost more than 90 days but less than a year prior to the request. In addition,…

(a) To assure orderly and expeditious processing of complaints and fair hearing requests, the CWA and Division of Family Development (DFD) shall proceed in the following manner: 1. The CWA shall designate a staff member to act as a fair hearing liaison between itself and the DFD.…

(a) If a household requests a fair hearing within 15 days of the mailing of an adverse action notice and the certification period has not expired, participation shall be continued consistent with the benefit level authorized immediately prior to the notice of adverse action unles…

If a hearing request is not made within the period provided by the notice of adverse action, benefits shall be reduced or terminated as stated in the notice. However, if the household establishes that its failure to make the request within the adverse notice period was for good c…

(a) When benefits are reduced or terminated due to a mass change, participation at the prior benefit level shall be reinstated only if the issue being contested is that NJ SNAP eligibility or benefits were improperly computed or Federal law or regulation is being misapplied or mi…

(a) No household may participate beyond the expiration of the certification period assigned in accordance with N.J.A.C. 10:87-6.20 without a determination of eligibility for a new period. Households shall apply for recertification and shall comply with interview and verification …

Replacement of Families First cards shall be made available no later than two business days from the date that the replacement request is made to the CWA. Since payees, as part of the card replacement procedure, shall visit the CWA's Card Issuance Site (CIS) in order to select a …

Unused NJ SNAP benefits will remain accessible to the household until they are expunged from the EBT account pursuant to N.J.A.C. 10:88-4.2. Notes N.J. Admin. Code § 10:87-9.11 New Rule, R.2012 d.031, effective 2/6/2012 (operative March 7, 2012). See: 43 N.J.R. 2114(a), 44 N.J.R.…

(a) The CWA shall provide qualified employees as necessary to insure prompt and correct action on all applications. If necessary, staff shall be employed as required by DFD pursuant to FNS bilingual staffing requirements, as well as for serving those with limited English proficie…

(a) The CWA shall keep such records and other information as may be required by FNS and the DFD. (b) Case records shall be available for review or audit by FNS and the Division of Family Development for a period of three years from the date of last activity of each record. (c) Th…

(a) The CWA shall maintain a supply of blank Families First card stock, in quantity sufficient to meet the demands of initial issuance and replacement. (b) Regarding the Master control of Families First card stock, when a shipment of blank Families First cards is received by the …

(a) Households that were certified for two months in the second month of the certification period and have met all required application procedures shall be notified of their eligibility or ineligibility. Eligible households shall be provided an opportunity to receive benefits no …

(a) Every applicant household found eligible shall be provided with a written notice of eligibility as described in the following items as soon as a determination is made but no later than 30 days after the date of the initial application. The notice shall inform the household of…

(a) The CWA shall provide households that have filed an application by the 15th of the last month of their certification period with either a notice of eligibility or a notice of denial by the end of the current certification period. The CWA shall provide households that have rec…

(a) Simplified reporting cases consist of earned income and unearned income households. The certification period is for 12 months with a six-month interim contact. For elderly (60 years of age or older) or disabled households with only unearned income, the certification period is…

At its option, the CWA may issue an ID card to each certified household as proof of program eligibility. The ID shall be issued in the name of the household member to whom the NJ SNAP benefits are issued. Notes N.J. Admin. Code § 10:87-9.6 As amended, R.1980 d.117, effective 3/19…

(a) The Families First Program is the mandatory method of distributing NJ SNAP program benefits to eligible households. Families First eliminates the need for the issuance of NJ SNAP ATP documents and NJ SNAP coupons by the CWAs. Families First utilizes a technology called Electr…

(a) NJ SNAP benefits shall not be replaced once they are posted to a household's Families First account. (b) Households shall not receive a replacement for any NJ SNAP benefits which were accessed using the client's Families First card and secret Personal Identification Number (P…

(a) NJ SNAP benefits shall be returned to a participant in the form of a credit to the household's Families First account if a retailer overcharges the payee. The payee should report such an instance immediately to the EBT Customer Service Hotline which is available 24 hours a da…

(a) The Families First Program is the mandatory method of distributing Temporary Assistance for Needy Families (TANF) benefits, New Jersey Supplemental Nutrition Assistance Program (NJ SNAP) benefits, and child support bonus payments to eligible households. The Families First Pro…

(a) The operation of a public assistance EBT system is authorized by both Federal and State laws and rules. (b) The operation of the Families First Program in New Jersey has been approved by both the USDA and the United States Department of Health and Human Services (USDHHS). (c)…

(a) Families First accounts have the following properties: 1. If otherwise eligible, each case shall have one account for cash benefits, and one account for NJ SNAP benefits. While both cash and NJ SNAP benefits are accessed with one Families First card, cash and NJ SNAP benefits…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Administration for Children and Families (ACF)" means the organization within USDHHS which is directly responsible for the administration …

The purpose of recipient training is to enable the payee to obtain balance information and to access cash and/or NJ SNAP benefits using the Families First card. Notes N.J. Admin. Code § 10:88-2.1 Amended by 46 N.J.R. 2156(a), effective 11/3/2014.

(a) The CWA, which provides benefits to the recipient shall be responsible for training the recipient on EBT card usage and procedures. (b) EBT training for each payee shall be performed when the recipient is issued the initial Families First card. Notes N.J. Admin. Code § 10:88-…

(a) At the time that a CWA certifies an individual's eligibility to receive a public assistance benefit, the State's automated case file and issuance system generates an EBT case maintenance record for the payee and sends that record electronically to the State's EBT contractor t…

(a) In Families First, each household shall receive its public assistance benefits by using a Families First card to access benefits at a location authorized to perform Families First transactions. The method by which the payee obtains benefits varies, dependent on whether the be…

Each recipient household shall be allowed to designate a maximum of two payees to access cash benefits, and two payees to access NJ SNAP benefits. The household may designate the same individual(s) to access both the household's cash and NJ SNAP benefits. A Families First card sh…

(a) A benefit authorization that represents a household's normal monthly assistance shall become available from the Families First account during the first five days of the month. The specific date of availability shall be dependent upon the household's case number and the indivi…

(a) NJ SNAP recipients shall be able to utilize their Families First NJ SNAP benefits at authorized retailers who are not equipped with POS devices. These transactions shall be performed by having the recipient sign an off-line manual voucher for the amount of the purchase, which…