Code of Massachusetts Regulations
121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS
Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program
Section 2.805 - Conciliation

Universal Citation: 121 MA Code of Regs 121.2

Current through Register 1531, September 27, 2024

(1) Finding of Noncompliance. Before a case manager issues a finding of noncompliance, he or she shall consult with the Case Management supervisor. If the supervisor agrees with a finding of noncompliance, the Case Management Provider shall initiate a conciliation period during which every effort shall be made to bring about a resolution of any disputes concerning participation.

(2) Notice of Conciliation. The Case Management Provider shall within one working day of the supervisor's concurrence with the finding of noncompliance, send the participant a notice of its finding and of its initiation of the conciliation period, and schedule an appointment for a meeting between the participant and the case manager.

The written notice shall include an explanation of the reason(s) for the finding of noncompliance, the consequences of failure or refusal to cooperate, a description of the conciliation process, the right to have a representative present, the right to have supervisory staff present, the timelines for action, the consequences of continued noncompliance, and the applicant's or participant's right to appeal an adverse finding. The conciliation period shall last a maximum of ten business days following the date of the Notice.

(3) Conciliation Meeting. The conciliation meeting shall be informal. The participant shall be given every opportunity to clarify his or her actions or inactions, including the opportunity to establish good cause even if this was previously rejected. The Case Management Provider shall explain the steps necessary to come into compliance and the consequences of failing to and shall address as many of the participant's concerns as possible. Every effort shall be made to resolve the matter at this meeting in a manner that will eliminate the need for further action.

(4) Successful Conciliation. The conciliation shall be considered successful if:

(a) after conciliation, the Case Management Provider, based upon additional or corrected facts received during the conciliation process, withdraws the finding of noncompliance; or

(b) during conciliation, the participant agrees, by signing the Conciliation Agreement, to cure the noncompliance and agrees to any revisions in the Family Self-sufficiency Plan that reflect the steps necessary to come into compliance.

(5) Unsuccessful Conciliation. If after the conciliation is completed, the Case Management Provider finds the participant(s) in noncompliance with MRRP requirements, the Case Management Provider shall sanction the participant. See 121 CMR 2.810.

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