2006 New York Code - Conciliation; Refusal To Participate.

 
    §  341.  Conciliation;  refusal  to  participate. * 1. Consistent with
  federal law and regulations and this title, if a participant has  failed
  or  refused  to  comply  with the requirements of this title, the social
  services district shall issue a notice indicating that such  failure  or
  refusal  has  taken  place  and  of  the  right  of  such participant to
  conciliation to resolve the reasons for such  failure  or  refusal.  The
  notice  shall  indicate  that  the participant has seven days to request
  conciliation with the district regarding such failure or refusal in  the
  case  of  a  safety net participant and ten days in the case of a family
  assistance participant. If the participant does not contact the district
  within the specified number of days, the district shall issue  ten  days
  notice  of  intent  to  discontinue  or  reduce  assistance, pursuant to
  regulations  of  the  department.  Such  notice  shall  also  include  a
  statement  of the participant's right to a fair hearing relating to such
  discontinuance or reduction. If such participant contacts  the  district
  within  seven days in the case of a safety net participant or within ten
  days in the case of a family assistance  participant,  it  will  be  the
  responsibility  of  the  participant to give reasons for such failure or
  refusal. Unless the district determines as a result of such conciliation
  process that such failure or refusal was willful and  was  without  good
  cause, no further action shall be taken. If the district determines that
  such failure or refusal was willful and without good cause, the district
  shall  notify  such participant in writing by issuing ten days notice of
  its intent to discontinue or reduce assistance,  including  the  reasons
  for  such determination and the right to a fair hearing relating to such
  discontinuance or reduction. Unless extended by mutual agreement of  the
  participant  and  the  district,  conciliation  shall  terminate  and  a
  determination shall be made within fourteen days of the date  a  request
  for  conciliation  is  made  in  the case of a safety net participant or
  within thirty days of the conciliation notice in the case  of  a  family
  assistance participant.
    * NB Effective until June 19, 2006
    * 1.  (a)  Consistent with federal law and regulations and this title,
  if a participant has failed or refused to comply with  the  requirements
  of  this  title,  the  social  services district shall issue a notice in
  plain language indicating that such failure or refusal has  taken  place
  and  of  the  right  of  such participant to conciliation to resolve the
  reasons for such failure or refusal to avoid  a  pro-rata  reduction  in
  public  assistance  benefits  for  a period of time set forth in section
  three hundred forty-two of this title. The  notice  shall  indicate  the
  specific  instance  or instances of willful refusal or failure to comply
  without good cause with the requirements of this title and the necessary
  actions that must be taken to  avoid  a  pro-rata  reduction  in  public
  assistance  benefits. The notice shall indicate that the participant has
  seven days to request conciliation  with  the  district  regarding  such
  failure  or refusal in the case of a safety net participant and ten days
  in the case of a family assistance participant. The  notice  shall  also
  include  an  explanation in plain language of what would constitute good
  cause for non-compliance and examples of acceptable  forms  of  evidence
  that  may  warrant an exemption from work activities, including evidence
  of domestic violence, and physical or mental health limitations that may
  be provided at the conciliation  conference  to  demonstrate  such  good
  cause  for failure to comply with the requirements of this title. If the
  participant does not contact the district within the specified number of
  days, the district shall issue ten days notice of intent to  discontinue
  or  reduce  assistance,  pursuant to regulations of the department. Such
  notice shall also include a statement of the participant's  right  to  a
  fair  hearing  relating  to  such  discontinuance  or reduction. If such
  participant contacts the district within seven days in  the  case  of  a
  safety  net  participant  or  within  ten  days  in the case of a family
  assistance participant, it will be the responsibility of the participant
  to give reasons for such failure or refusal.
    (b)  Unless  the  district determines as a result of such conciliation
  process that such failure or refusal was willful and  was  without  good
  cause, no further action shall be taken. If the district determines that
  such failure or refusal was willful and without good cause, the district
  shall  notify  such  participant  in writing, in plain language and in a
  manner distinct from any previous notice, by issuing ten days notice  of
  its  intent  to  discontinue  or  reduce  assistance.  Such notice shall
  include the reasons for such determination,  the  specific  instance  or
  instances  of  willful  refusal  or failure to comply without good cause
  with the requirements of this title, the necessary actions that must  be
  taken  to  avoid a pro-rata reduction in public assistance benefits, and
  the  right  to  a  fair  hearing  relating  to  such  discontinuance  or
  reduction.  Unless  extended  by mutual agreement of the participant and
  the district, conciliation shall terminate and a determination shall  be
  made within fourteen days of the date a request for conciliation is made
  in  the  case  of  a safety net participant or within thirty days of the
  conciliation notice in the case of a family assistance participant.
    * NB Effective June 19, 2006
    2. (a) The department shall establish  in  regulation  a  conciliation
  procedure  for  the  resolution  of  disputes related to an individual's
  participation in programs pursuant to this title.
    (b) The district shall contract with an independent  entity,  approved
  by  the  department,  or  shall  use  designated  trained  staff  at the
  supervisory  level  who  have   no   direct   responsibility   for   the
  participant's  case  to mediate disputes in the conciliation conference.
  If no such supervisory staff or independent  entity  is  available,  the
  district  may  designate  another  trained individual, who has no direct
  responsibility for the participant's case to  mediate  disputes  in  the
  conciliation conference.
    (c)  If  a  participant's  dispute  cannot  be  resolved  through such
  conciliation procedure, an opportunity  for  a  fair  hearing  shall  be
  provided.  No  sanction  relating  to the subject dispute may be imposed
  during the conciliation process.
    3. When any family assistance participant required to  participate  in
  work  activities  fails to comply with the provisions of this title, the
  social services district  shall  take  such  actions  as  prescribed  by
  appropriate federal law and regulation and this title.
    4.  When  any  safety  net participant required to participate in work
  activities fails to comply with the provisions of this title, the social
  services  district  shall  deny  assistance  to  such   participant   in
  accordance with section three hundred forty-two of this title.
    5.  (a)  To  the  extent  that federal law requires, a social services
  district shall provide to those  family  assistance  participants  whose
  failure  to  comply  has  continued for three months or longer a written
  reminder of the option to end a sanction after  the  expiration  of  the
  applicable  minimum sanction period by terminating the failure to comply
  as specified in subdivision three of this  section.  Such  notice  shall
  advise  that  the  participant  may  immediately  terminate the first or
  second sanction by participating in the program or accepting  employment
  and  that  any  subsequent sanction after six months have elapsed may be
  terminated by participating in the program or accepting employment.
    (b) A social services district  shall  provide  to  those  safety  net
  participants whose failure to comply has continued for the length of the
  sanction  period  or  longer  a  written reminder of the option to end a
  sanction after the expiration of the applicable minimum sanction  period
  by terminating the failure to comply as specified in subdivision four of
  this section.
    6.  Consistent  with  federal  law  and regulation, no action shall be
  taken pursuant to this section for failure to participate in the program
  or refusal to accept employment if:
    (a) child care for a child under age thirteen (or  day  care  for  any
  incapacitated  individual  living in the same home as a dependent child)
  is necessary for an individual to participate or continue  participation
  in  activities pursuant to this title or accept employment and such care
  is not available and the social services district fails to provide  such
  care;
    (b)  (1)  the employment would result in the family of the participant
  experiencing a net loss of cash income; provided, however, a participant
  may not claim good cause under this paragraph  if  the  social  services
  district  assures that the family will not experience a net loss of cash
  income by making a supplemental payment;
    (2) net loss of cash income results if the family's gross income  less
  necessary  work-related  expenses  is  less than the cash assistance the
  participant was receiving at the time the offer of employment  is  made;
  or
    (c)  the  participant  meets other grounds for good cause set forth by
  the department in its implementation plan for this  title  which,  at  a
  minimum, must describe what circumstances beyond the household's control
  will constitute "good cause".