2013 Louisiana Laws
Revised Statutes
TITLE 23 - Labor and Worker's Compensation
RS 23:1807 - Failure to participate; effect on welfare benefits; hearings

§1807. Failure to participate; effect on welfare benefits; hearings

A. Any eligible participant who is receiving welfare benefits through the office of family services shall be disqualified from the receipt of further benefits if:

1. The participant fails or refuses, without good cause, to register for the work opportunity program; or

2. The participant fails or refuses, without good cause, to participate in the work opportunity program after registration as directed; or

3. The participant fails or refuses, without good cause, to apply for available, suitable work when so directed by the office or to accept suitable work when offered him, or to return to his customary self-employment, if any, when so directed by the office.

B. No work shall be deemed suitable and benefits shall not be denied to any otherwise eligible participant, as defined in Section 1802(1), for refusing to accept any work under any of the following conditions:

(1) If a position offered is vacant due directly to a strike, lock out or other labor dispute.

(2) If the wages, hours or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.

(3) If the job is not within the physical or mental capacity of the participant.

(4) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

(5) If suitable arrangements for the provisions of child care can not be made for the children of aid for dependent children recipients who need such care.

C. Prior to any action to terminate an individual's benefits from the office of family services due to failure to comply with the provisions of this Chapter, the relevant state agency shall provide such individual ten days advance notice before such action is taken. The notice shall explain the reasons for the proposed termination, the individual's right to request a hearing and the circumstances under which participation is continued if a hearing is requested. If an individual requests a hearing during the advance notice period, his/her benefits shall not be discontinued pending a hearing. If a hearing request is not made within the advance notice period, benefits to the individual shall be terminated as proposed. In any case where action is taken without timely notice and the individual requests a hearing within ten days of the mailing of the notice the agency shall provide for the reinstatement of his benefits. If a hearing is not requested within the timely notice period the individual may still request a hearing within thirty days of the date of the notice. The state agency shall not deny or dismiss a request for a hearing unless the request is made after the time limit has expired or has been withdrawn in writing by the individual making the request or by that individual's designated representative or if the individual fails to appear for a hearing without good cause and thus abandons his request for a hearing. Once continued or reinstated, benefits shall not be terminated until an adverse decision is rendered after an administrative hearing unless a change affecting the individual's benefits occurs while the hearing decision is pending and the individual fails to request a hearing after the notice of change.

D. The termination of benefits of any person shall not affect benefits received by other members of the same household.

Added by Acts 1978, No. 512, §1, eff. July 12, 1978.