§ 341 — Conciliation; refusal to participate

New York § 341

• Jurisdiction: New York
• Law SOS: Social Services
• Title 9-B: Public Assistance Employment Programs
• Art. 5: Assistance and Care

Text

§ 341. Conciliation; refusal to participate. 1. (a) Consistent with\nfederal law and regulations and this title, if a participant has failed\nor refused to comply with the requirements of this title, the social\nservices district shall issue a notice in plain language indicating that\nsuch failure or refusal has taken place and of the right of such\nparticipant to conciliation to resolve the reasons for such failure or\nrefusal to avoid a pro-rata reduction in public assistance benefits for\na period of time set forth in section three hundred forty-two of this\ntitle. The notice shall indicate the specific instance or instances of\nwillful refusal or failure to comply without good cause with the\nrequirements of this title and the necessary actions that must be taken\nto avoid a pro-rata reduction in public assistance benefits. The notice\nshall indicate that the participant has seven days to request\nconciliation with the district regarding such failure or refusal in the\ncase of a safety net participant and ten days in the case of a family\nassistance participant. The notice shall also include an explanation in\nplain language of what would constitute good cause for non-compliance\nand examples of acceptable forms of evidence that may warrant an\nexemption from work activities, including evidence of domestic violence,\nand physical or mental health limitations that may be provided at the\nconciliation conference to demonstrate such good cause for failure to\ncomply with the requirements of this title. If the participant does not\ncontact the district within the specified number of days, the district\nshall issue ten days notice of intent to discontinue or reduce\nassistance, pursuant to regulations of the department. Such notice shall\nalso include a statement of the participant's right to a fair hearing\nrelating to such discontinuance or reduction. If such participant\ncontacts the district within seven days in the case of a safety net\nparticipant or within ten days in the case of a family assistance\nparticipant, it will be the responsibility of the participant to give\nreasons for such failure or refusal.\n (b) Unless the district determines as a result of such conciliation\nprocess that such failure or refusal was willful and was without good\ncause, no further action shall be taken. If the district determines that\nsuch failure or refusal was willful and without good cause, the district\nshall notify such participant in writing, in plain language and in a\nmanner distinct from any previous notice, by issuing ten days notice of\nits intent to discontinue or reduce assistance. Such notice shall\ninclude the reasons for such determination, the specific instance or\ninstances of willful refusal or failure to comply without good cause\nwith the requirements of this title, the necessary actions that must be\ntaken to avoid a pro-rata reduction in public assistance benefits, and\nthe right to a fair hearing relating to such discontinuance or\nreduction. Unless extended by mutual agreement of the participant and\nthe district, conciliation shall terminate and a determination shall be\nmade within fourteen days of the date a request for conciliation is made\nin the case of a safety net participant or within thirty days of the\nconciliation notice in the case of a family assistance participant.\n 2. (a) The department shall establish in regulation a conciliation\nprocedure for the resolution of disputes related to an individual's\nparticipation in programs pursuant to this title.\n (b) The district shall contract with an independent entity, approved\nby the department, or shall use designated trained staff at the\nsupervisory level who have no direct responsibility for the\nparticipant's case to mediate disputes in the conciliation conference.\nIf no such supervisory staff or independent entity is available, the\ndistrict may designate another trained individual, who has no direct\nresponsibility for the participant's case to mediate disputes in the\nconciliation conference.\n (c) If a participant's dispute cannot be resolved through such\nconciliation procedure, an opportunity for a fair hearing shall be\nprovided. No sanction relating to the subject dispute may be imposed\nduring the conciliation process.\n 3. When any family assistance participant required to participate in\nwork activities fails to comply with the provisions of this title, the\nsocial services district shall take such actions as prescribed by\nappropriate federal law and regulation and this title.\n 4. When any safety net participant required to participate in work\nactivities fails to comply with the provisions of this title, the social\nservices district shall deny assistance to such participant in\naccordance with section three hundred forty-two of this title.\n 5. (a) To the extent that federal law requires, a social services\ndistrict shall provide to those family assistance participants whose\nfailure to comply has continued for three months or longer a written\nreminder of the option to end a sanction after the expiration of the\napplicable minimum sanction period by terminating the failure to comply\nas specified in subdivision three of this section. Such notice shall\nadvise that the participant may immediately terminate the first or\nsecond sanction by participating in the program or accepting employment\nand that any subsequent sanction after six months have elapsed may be\nterminated by participating in the program or accepting employment.\n (b) A social services district shall provide to those safety net\nparticipants whose failure to comply has continued for the length of the\nsanction period or longer a written reminder of the option to end a\nsanction after the expiration of the applicable minimum sanction period\nby terminating the failure to comply as specified in subdivision four of\nthis section.\n 6. Consistent with federal law and regulation, no action shall be\ntaken pursuant to this section for failure to participate in the program\nor refusal to accept employment if:\n (a) child care for a child under age thirteen (or day care for any\nincapacitated individual living in the same home as a dependent child)\nis necessary for an individual to participate or continue participation\nin activities pursuant to this title or accept employment and such care\nis not available and the social services district fails to provide such\ncare;\n (b) (1) the employment would result in the family of the participant\nexperiencing a net loss of cash income; provided, however, a participant\nmay not claim good cause under this paragraph if the social services\ndistrict assures that the family will not experience a net loss of cash\nincome by making a supplemental payment;\n (2) net loss of cash income results if the family's gross income less\nnecessary work-related expenses is less than the cash assistance the\nparticipant was receiving at the time the offer of employment is made;\nor\n (c) the participant meets other grounds for good cause set forth by\nthe department in its implementation plan for this title which, at a\nminimum, must describe what circumstances beyond the household's control\nwill constitute "good cause".\n 7. The provisions of this section shall not apply to persons who are\nresidents of a city having a population of one million or more people.\n