§ 26-2-711 — Works program - sanctions against participants - rules

Colorado § 26-2-711

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Public Assistance

Text

(1) (a) The
state board shall promulgate rules for the imposition of sanctions affecting the
basic cash assistance grant as described in section 26-2-709 (1). The rules must
require:

(I) Imposition of sanctions upon a participant who fails, without good cause
as determined by the county, to comply with the terms and conditions of his or her
IRC;

(II) A reduction in the basic cash assistance grant upon the first imposition of
a sanction affecting a basic cash assistance grant, with the amount to be specified
in the rules but not to exceed one dollar;

(III) Specific reductions in the basic cash assistance grant for second and
subsequent sanctions affecting the basic cash assistance grant;

(IV) Imposition of sanctions either in the month following the decision to
sanction and in subsequent months thereafter until the full amount of any sanctions
have been withheld or, in the event that a participant has appealed the imposition of
a sanction, in the month following the final decision of the appeal process and in
subsequent months thereafter until the full amount of any sanctions have been
withheld.

(b) Nothing in the state board rules promulgated pursuant to paragraph (a)
of this subsection (1) shall prevent a county from denying the basic cash assistance
grant in its entirety to a participant who refuses, as evidenced by an affirmative
statement by the participant or demonstrable evidence, to participate in training,
education, or work.

(c) The state board rules promulgated pursuant to paragraph (a) of this
subsection (1) shall establish the period of time that sanctions affecting the basic
cash assistance grant shall be in effect and the period of time within which a
participant who has been denied the basic cash assistance grant by a county
pursuant to paragraph (b) of this subsection (1) may take action for reinstatement
into the works program.

(2) A county shall have the authority to determine and impose sanctions
affecting other assistance as described in section 26-2-706.6. The sanctions shall
be based upon fair and objective criteria that have been developed and adopted by
the county and are consistent with state and federal law.

(3) If a county department elects to suspend payment of child care
assistance, it may suspend such assistance in its entirety.

(4) In no event shall a county department impose any sanction on a
participant that adversely affects the participant's receipt of food stamps beyond
those allowable sanctions provided for in federal regulations and state rules or
medical assistance pursuant to the provisions of articles 4, 5, and 6 of title 25.5,
C.R.S.

(5) (a) A person shall not be required to participate in work activities if good
cause exists as determined by the county.

(b) Good cause does not constitute an exemption from work or time limits.
Good cause is, however, a proper basis for not imposing a sanction for
nonparticipation in a work activity, and may include, but need not be limited to,
participation in a Colorado works controlled substance abuse control program
pursuant to section 26-2-706.6 (7).

(6) (Deleted by amendment, L. 2008, p. 1963, � 13, effective January 1, 2009.)

(7) If a participant or an applicant has misrepresented residence to obtain
benefits in two or more states at the same time, such person shall be ineligible for
benefits under the works program for a period of ten years.

Legislative History

Source: L. 97: Entire part added, p. 1203, � 1, effective June 3. L. 99: (5) amended, p. 1361, � 3, effective June 3. L. 2006: (4) amended, p. 2018, � 101, effective July 1. L. 2008: IP(1)(a), (1)(b), (1)(c), (2), (5)(b), and (6) amended, p. 1963, � 13, effective January 1, 2009. L. 2022: IP(1)(a), (1)(a)(II), and (1)(a)(III) amended, (HB 22-1259), ch. 348, p. 2486, � 8, effective June 3.