Section 385.12 Failure to comply with the requirements of this Part.
(a) Noncompliance of public assistance applicants and recipients with the requirements of this Part.
(1) Potentially employable applicants and recipients.
(i) An applicant who has been determined to be exempt from participation in work activities in accordance with the requirements of this Part due to being disabled pursuant to this section, who in the judgment of the social services official has the potential to be restored to self-sufficiency through rehabilitation, will be denied assistance if he/she fails to comply with requirements for potentially employable applicants pursuant to section 385.2 of this Part. Ineligibility for assistance continues until the applicant agrees to comply with the requirements and demonstrates such compliance where appropriate.
(ii) A recipient who has been determined to be exempt from participation in work activities in accordance with the requirements of this Part due to being disabled pursuant to this section, who in the judgment of the social services official has the potential to be restored to self-sufficiency through rehabilitation, is ineligible to receive public assistance until such time as he/she is willing to comply with such requirements.
(2) A public assistance applicant or recipient subject to employment requirements who is determined to have refused or failed to comply without good cause with the requirements of this Part in accordance with the provisions of section 385.11 of this Part regarding conciliation must be provided a notice of such determination and of the intent of the social services district to deny, discontinue or reduce assistance, as follows:
(i) An applicant must be issued an adequate notice of denial of public assistance which informs him/her that he/she has refused or failed to comply without good cause with employment requirements in accordance with the provisions of this Part.
(ii) A recipient must be issued an adequate and timely notice of intent to discontinue or reduce assistance which informs him/her that he/she has refused or failed without good cause to comply with employment requirements in accordance with the requirements of this Part.
(iii) The notices specified in subparagraphs (i) and (ii) of this paragraph must also inform:
(a) the applicant or recipient of the specific instance(s) of willful refusal or failure to comply without good cause with the requirements of this Part and of the specific section of this Part in which the requirement(s) is contained;
(b) the applicant or recipient that he/she has the right to apply for public assistance at any time, and for safety net recipients that he/she may reapply at least 45 days before the end of the sanction period to ensure restoration of benefits immediately following the applicable sanction period;
(c) the recipient of the duration for which he/she will be ineligible for public assistance or for a reduced amount of public assistance in accordance with this section; and
(d) that he/she has the right to a fair hearing in accordance with the provisions of Part 358 of this Title.
(3) Refusal of employment.
(i) In determining whether an applicant's or recipient's refusal to accept a referral to an employment opportunity or an offer of employment constitutes refusal or failure to comply without good cause, a social services official shall consider the report of the employment unit or agency through which the job referral was made, pertinent information supplied by the prospective employer, the explanation of the applicant or recipient for not accepting the offer of employment, and any other pertinent evidence.
(ii) An individual is deemed not to have failed or refused to comply without good cause with employment program requirements or to have refused to accept a referral to an employment opportunity or an offer of employment in which such person is able to engage due to his/her refusal to accept an offer of employment, if the evidence shows that:
(a) the job offer was not bona fide;
(b) the salary or wages were less than the minimum required by law, or the conditions of employment were otherwise contrary to law;
(c) child care necessary for an individual to participate is not available in accordance with Part 415 of this Title;
(d) necessary supportive services are unavailable;
(e) a strike, lockout or other public or private industrial controversy was in progress at the place in which employment was offered;
(f) the job would have been hazardous to the applicant's or recipient's life or health, or there was an absence, if appropriate, of workers' compensation;
(g) the place of employment required unreasonable, based on the standards of the community, travel from the applicant's or recipient's home;
(h) child care plans were temporarily disrupted, making it impossible for the applicant or recipient to report as required;
(i) accepting a job would result in a net loss of cash income for the household and the social services district does not make supplemental payments pursuant to section 352.7(m) of this Title to prevent a net loss of cash income;
(j) the assignment or activity is contrary to law;
(k) a personal or family emergency of substantial nature prevents compliance if the participant has notified the social services district with reasonable promptness of his/her inability to comply;
(l) such refusal is caused by circumstances beyond a participant's control.
(iii) The applicant or recipient is responsible for notifying the social services district of the reasons for failing to comply with an employment requirement and for furnishing evidence to support any claim of good cause.
(b) Noncompliance of food stamp applicants and recipients with work registration or work requirements.
(1) If an individual without good cause has refused or failed to comply with food stamp program work registration or assignment to work activities pursuant to the requirements of this Part, he/she will be ineligible to participate in accordance with the provisions of this section. If an individual is disqualified and he/she is a member of an otherwise eligible household, he/she is treated as an excluded member during the period of disqualification, under section 387.16(c)(1) of this Title.
(2) Prior to notifying the household of the proposed disqualification, the social services district must determine whether good cause for non-compliance exists, in accordance with subdivision (c) of this section.
(3) For food stamp recipients, within 10 calendar days of determining that the noncompliance was without good cause, the social services district must issue a timely and adequate notice of adverse action to the recipient. This notice must specify the particular act of non-compliance, the proposed period of disqualification, and that the individual may reapply in order to resume participation in the food stamp program at the end of the disqualification period. The notice must also contain information about ending the disqualification as specified in subdivision (e) of this section. The disqualification period begins with the first month following the expiration of the notice period unless a fair hearing is requested. In such case the disqualification period may not begin until the fair hearing request is withdrawn, the individual fails to appear or a fair hearing decision upholding the social services district's action is issued.
(4) When a member of an applicant household has without good cause failed to comply with work registration requirements pursuant to section 385.3 of this Part, the social services district must inform the household of the individual's disqualification in the notice of action taken. This notice must specify the particular act of non-compliance, the proposed period of disqualification, that the individual may reapply in order to resume participation in the food stamp program at the end of the disqualification period. The notice also must contain information about ending the disqualification as specified in subdivision (e) of this section.
(5) A voluntary participant in a food stamp employment and training program who is exempt from food stamp work registration and/or participation in an employment and training program must not be disqualified for failure to comply with the requirements of this Part unless the volunteer is sanctionable pursuant to paragraph (6) of this subdivision.
(6) Failure of certain food stamp applicants and recipients who are exempt from work registration to comply with other work requirements. If a household contains a member who is exempt from work registration solely because he/she is registered for work under an unemployment compensation work requirement or because he/she is subject to participation in work activities funded under title IV of the Social Services Act, and such individual refuses or fails to comply with the work requirements of those programs, such individual must be treated as though he/she has failed to comply with the requirements of this Part.
(c) Good cause for failure to comply with public assistance and food stamp employment requirements.
(1) The social services official is responsible for determining good cause in those instances where an individual has failed to comply with the requirements of this Part. In determining whether or not good cause exists, the social services official must consider the facts and circumstances, including information submitted by the individual subject to such requirements. Good cause includes circumstances beyond the individual's control, such as, but not limited to, illness of the member, illness of another household member requiring the presence of the member, a household emergency, or the lack of adequate child care for children who have reached age 6 but are under age 13.
(2) The applicant or recipient is responsible for notifying the social services district of the reasons for failing to comply with an employment requirement and for furnishing evidence to support any claim of good cause.
(d) Public assistance sanctions for failure to comply with employment requirements. An applicant for or recipient of public assistance who refuses or fails without good cause to comply with employment requirements assigned pursuant to this Part shall be ineligible to receive public assistance for the periods specified in this subdivision. However, such sanctions shall not apply to: an applicant deemed ineligible for public assistance pursuant to section 385.2(c)(1) of this Part; an applicant who is ineligible for public assistance pursuant to section 385.6(a)(6)(i) of this Part; an applicant who is ineligible for public assistance pursuant to section 385.7(a)(6)(i) of this Part; or an applicant who is ineligible for public assistance pursuant to section 385.9(e)(5)(i) of this Part.
(1) In the case of a parent or caretaker of a dependent child, the public assistance otherwise available to the household of which that individual is a member shall be reduced pro rata as determined by the commissioner of the Office:
(i) for the first such failure or refusal to comply, until the individual is willing to comply;
(ii) for the second such failure or refusal to comply, a period of three months and thereafter until willing to comply;
(iii) for the third and all subsequent instances of such failure or refusal to comply, a period of six months and thereafter until willing to comply.
(2) In the case of an individual who is a member of a household without dependent children applying for or in receipt of safety net assistance, the public assistance otherwise available to the household of which that individual is a member shall be reduced pro rata as deter mined by the commissioner of the Office:
(i) for the first such failure or refusal to comply, a period of 90 days and thereafter until willing to comply;
(ii) for the second such failure or refusal to comply, a period of 150 days and thereafter until willing to comply;
(iii) for the third such failure or refusal to comply, a period of 180 days and thereafter until willing to comply.
(3) Willing to comply as used in this section means that an individual, as required by the district, reports to an assigned work activity site or other location as assigned by the local services district on time and prepared to engage in the assigned activity.
(4) In the case of an individual who was the member of a household without dependent children prior to being sanctioned in accordance with the provisions of this subdivision, and for whom the specified sanction period has ended, the social services official shall send a reminder to such individual indicating an opportunity to end the sanction by complying with employment programs. The commissioner shall establish through an Office policy directive the language required in the reminder.
(e) Food stamp sanctions for failure to comply with employment programs.
(1) The needs of an individual who is required to work register and who has failed without good cause to comply with the requirements of this section will not be considered in determining the needs of his/her household for food stamps for the periods set forth in this subdivision.
(i) For the first instance of failure to comply without good cause commencing on or after September 22, 1996, a period of two months and thereafter until the individual complies with the requirements of this section.
(ii) For the second instance of failure to comply without good cause within a three year period beginning with the effective date on which the individual became ineligible for food stamps in accordance with subparagraph (i) of this paragraph, a period of four months and thereafter until the individual complies with the requirements of this section.
(iii) For the third instance of failure to comply without good cause within a three year period commencing with the effective date on which the individual became ineligible for food stamps in accordance with subparagraph (ii) of this paragraph, a period of six months and thereafter until the individual complies with the requirements of this section.
(iv) For all subsequent instances of failure to comply without good cause within a three year period commencing with the effective date of the last instance in which the individual became ineligible for food stamps due to failure without good cause to comply with the requirements of this section, a period of six months and thereafter until that individual complies with the requirements of this section.
(2) Following the end of the disqualification period for noncompliance with the requirements of this Part, a household may request that the disqualified individual be added to the household and resume participation. The social services district must act on this request in accordance with section 387.17(e)(3) of this Title.
(3) Eligibility may be reestablished during the disqualification period if the participating household requests that the disqualified individual be added to the household, provided that the disqualified individual becomes exempt from the work requirement other than by reason of participation in an employment program under title IV of the Social Security Act or in an unemployment compensation employment program.
(4) A disqualification for noncompliance with work registration requirements may be ended, after the time periods specified in paragraph (1) of this subdivision, if the disqualified individual complies with the requirement which caused the disqualification respectively, as follows:
(i) failure to participate in a food stamp employment or training program: participation in that component or in another component as assigned;
(ii) failure to respond to a request for information regarding employability: compliance with the request for information;
(iii) failure to report to an employer: reporting to the employer if employment is still available, or reporting to another employer upon referral;
(iv) failure to accept suitable employment: acceptance of employment if it is still available, or securing other employment which yields weekly earnings at least equal to the refused job, or securing full-time as specified in section 385.3(a)(1)(vii) of this Part.