New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 4 - Services to Individuals
Part 385 - Public Assistance And Food Stamp Employment Program Requirements
Section 385.11 - Conciliation
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 385.11
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Conciliation for refusal or failure to comply with public assistance work requirements for individuals not living in a city with a population of one million or more people.
(1) The social services official
shall issue a conciliation notice to any applicant for or recipient of public
assistance who has refused or failed to comply with the requirements of this
Part. However, no notice of conciliation shall be issued to: an applicant
deemed ineligible for public assistance pursuant to section
385.2(c)(1)
of this Part; an applicant who is ineligible for public assistance pursuant to
section
385.6(a)(7)(i)
of this Part; an applicant who is ineligible for public assistance pursuant to
section
385.7(a)(7)(i)
of this Part; or an applicant who is ineligible for public assistance pursuant
to section
385.9(e)(5)
of this Part.
(2) Such notice
shall:
(i) indicate that a refusal or failure
to participate has occurred;
(ii)
indicate the specific instance or instances of willful refusal or failure to
comply without good cause with the requirements of this Title;
(iii) indicate that the individual has a
right to provide reasons for such refusal or failure to participate;
(iv) include an explanation of what
constitutes good cause for non-compliance and acceptable forms of evidence that
may warrant an exemption from work requirements including, but not limited to,
evidence of domestic violence, and/or physical and/or mental health conditions.
Such evidence may be provided at the conciliation conference;
(v) include the necessary actions that must
be taken to avoid a pro rata reduction in public assistance benefits;
and
(vi) indicate that, in the case
of an applicant for or recipient of family assistance, the individual shall
have 10 calendar days from the date of the conciliation notice to request a
conciliation, and in the case of an applicant for or recipient of safety net
assistance, 7 calendar days from the date of the conciliation notice to request
conciliation.
(3) If the
individual does not contact the social services official within the periods set
forth in paragraph (2) of this subdivision, the social services official shall
issue a notice of denial or a 10-day notice of intent to discontinue or reduce
public assistance. Such notice shall:
(i) be
designed by the office; provided, however, that the social services official
may submit for approval a local equivalent form which meets the requirements of
this paragraph;
(ii) indicate the
specific instance or instances of willful refusal or failure to comply without
good cause with the work requirements of this Part;
(iii) indicate the necessary actions that
must be taken to avoid a pro rata reduction in public assistance benefits;
and
(iv) include a statement,
approved by the commissioner and in accordance with the provisions of Part 358
of this Title, indicating that the individual has the right to a fair hearing
related to such denial, discontinuance or reduction.
(4) If the individual contacts the social
services official within the periods set forth in paragraph (2) of this
subdivision, the individual shall be responsible for providing the social
services official with reasons for his or her refusal or failure to comply.
(i) If the social services official
determines that the individual's refusal or failure to comply was willful and
without good cause, the social services official shall issue a 10-day notice
pursuant to the requirements of paragraph (3) of this subdivision.
(ii) If the social services official
determines that the individual's refusal or failure to comply was not willful
or was with good cause, the conciliation procedure shall
terminate.
(5) The
conciliation period shall last no longer than 14 calendar days from the date on
which an applicant for or recipient of safety net assistance requests
conciliation, and no longer than 30 calendar days from the date of the
conciliation notice issued to an applicant for or recipient of family
assistance, unless the individual and the social services official agree that
the conciliation period should last longer.
(b) Reengagement/conciliation; refusal to participate with public assistance work requirements for individuals living in a city with a population of one million or more people.
(1) The social services official shall issue
a reengagement/conciliation notice to any applicant for or a recipient of
public assistance who has refused or failed to comply with the requirements of
this Part. However, no notice of reengagement/conciliation shall be issued to:
an applicant deemed ineligible for public assistance pursuant to section
385.2(c)(1)
of this Part; an applicant who is ineligible for public assistance pursuant to
section
385.6(a)(7)(i)
of this Part; an applicant who is ineligible for public assistance pursuant to
section
385.7(a)(7)(i)
of this Part; or an applicant who is ineligible for public assistance pursuant
to section
385.9(e)(5)
of this Part.
(2) Such notice
shall:
(i) indicate that a refusal or failure
to participate has occurred;
(ii)
indicate the specific instance or instances of willful refusal or failure to
comply without good cause with the requirements of this Title;
(iii) indicate that the individual has a
right to provide reasons for such refusal or failure to participate or to avoid
a pro-rata reduction in public assistance benefits;
(iv) include an explanation of what
constitutes good cause for non-compliance and acceptable forms of evidence that
may warrant an exemption from work requirements including, but not limited to,
evidence of domestic violence, and/or physical and/or mental health conditions.
Such evidence may be provided at the reengagement/conciliation
conference;
(v) indicate that the
individual's case was reviewed before sending the notice required pursuant to
this section and that the social services district has determined, based on the
information available at the time of the review, that appropriate child care,
transportation and accommodations for a disability as reasonably known to the
social services district to have been appropriate to the individual were
available at the time of the refusal or failure to participate;
(vi) include the necessary actions that must
be taken to avoid a pro rata reduction in public assistance benefits, including
reengaging in work activities as assigned by the social services district for a
minimum of five business days but no more than 10 business days. An individual
may also avoid a pro rata reduction in public assistance benefits by
documenting an exemption pursuant to section
385.2
of this Part; and,
(vii) indicate
that the individual shall have 10 calendar days from the date of the
reengagement/conciliation notice to request
reengagement/conciliation.
(3) If the individual does not contact the
social services official within 10 calendar days from the date of the
reengagement/conciliation notice, the social services official shall make a
finding of whether the alleged refusal or failure to comply was willful and
without good cause. The social services district shall consider any evidence in
the possession of the social services district indicating that the participant
has good cause. If the individual is otherwise participating in work activities
as assigned by the social services district, there shall be no finding of
willfulness without good case based on a single missed appointment or
infraction. If the social services district determines that the noncompliance
was willful and without good cause, the individual has not reengaged in work
requirements as assigned by the social services district and the individual has
not documented that he/she is exempt from the assigned work requirement, the
social services district shall issue a notice of denial or a 10-day notice of
intent to discontinue or reduce public assistance. Such notice shall:
(i) be designed by the office; provided,
however, that the social services official may submit for approval a local
equivalent form which meets the requirements of this paragraph;
(ii) indicate the specific instance or
instances of willful refusal or failure to comply without good cause with the
requirements of this Title;
(iii)
indicate that the social services district has determined, based on the
information available to the social services district at the time of the
review, that appropriate child care, transportation and accommodations for a
disability as reasonably known to the social services district were available
at the time of the failure to participate;
(iv) indicate the necessary actions that must
be taken to avoid a pro rata reduction in public assistance benefits including
reengaging in work requirements as assigned by the social services district or
documenting that he/she has become exempt from the requirement to participate
in work activities pursuant to section
385.2
of this Part; and
(v) include a
statement approved by the commissioner, and in accordance with the provisions
of Part 358 of this Title, indicating that the individual has the right to a
fair hearing related to such denial, discontinuance or
reduction.
(4) If the
individual contacts the social services official within the period set forth in
paragraph (2) of this subdivision, the individual shall be responsible for
providing the social services official with the reason(s) for his or her
refusal or failure to comply.
(i) If the
social services official determines that the individual's refusal or failure to
comply was willful and without good cause and the individual does not reengage
in work requirements as assigned by the social services district for a minimum
of five business days but not more than 10 business days, the social services
official shall issue a 10-day notice pursuant to the requirements of paragraph
(3) of this subdivision.
(ii) If
the social services official determines that the individual's refusal or
failure to comply was not willful or was with good cause or the individual
reengages in work requirements as assigned by the social services district for
a minimum of five business days but not more than 10 business days, the
reengagement/conciliation procedure shall terminate.
(5) The reengagement/conciliation period
shall last no longer than 30 calendar days from the date of the conciliation
notice issued to a public assistance applicant or recipient, unless the social
services official extends the conciliation period based on case specific
circumstances.
(6) No notice shall
be sent unless it has been determined that the individual is not exempt and
that appropriate child care, transportation and accommodations for a disability
as reasonably know to the social services district were available at the time
of refusal or failure to comply.
(c) Conciliation for the grievances of individuals assigned to public assistance work activities.
(1) The social services official must
establish a conciliation procedure for the resolution of grievances initiated
by individuals assigned to work activities.
(2) In establishing such procedure, the
social services official must:
(i) enter into
an agreement with an independent entity;
(ii) employ district staff at a supervisory
level who are trained in mediation and who have no direct responsibility for an
individual's case; or
(iii)
designate supervisory staff, who need not be trained in mediation and who have
no direct responsibility for an individual's case to serve as mediators for
such grievances.
(3)
Such procedure must afford the individual an opportunity to dispute an
assignment to a public assistance work activity made in accor- dance with the
provisions of this Part.
(4) The
social services official shall provide for at least one meeting which includes
the individual, appropriate social services staff and the mediator. Such
meeting shall occur within 30 days of the day on which the individual submitted
a grievance in writing to the social services official.
(5) No sanction relating to the subject
dispute shall be imposed during the conciliation process, which shall begin on
the day on which the individual submitted a grievance in accordance with the
provisions of this subdivision and shall end on the day upon which written
notice has been provided to the individual which indicates the results of the
conciliation.
(6) If the
individual's grievance is not resolved through conciliation, the individual
shall be informed of the right to a fair hearing. Notwithstanding such right to
a fair hearing, the individual shall be required to participate in work
activities as assigned in accordance with the requirements of this Part during
the adjudication process.
(d) Conciliation for refusal or failure to comply with Supplemental Nutrition Assistance Program (SNAP) work requirements.
(1) The social services official shall issue
a conciliation notice to a SNAP recipient who has failed or refused to comply
with SNAP work requirements.
(2)
Such notice shall:
(i) indicate that a
failure or refusal to participate has occurred;
(ii) indicate that the individual has a right
to provide reasons for such failure or refusal to participate;
(iii) indicate that the individual has a
right to avoid a reduction or discontinuance in SNAP benefits by timely
demonstrating compliance with SNAP work requirements as determined by the
social services district; and
(iv)
indicate that the individual shall have 10 calendar days from the date of the
notice to request a conciliation and/or an opportunity to timely demonstrate
compliance with SNAP work requirements.
(3) If the individual does not contact the
social services official within the time period set forth in paragraph (2) of
this subdivision and provide a good cause reason for his or her failure or
refusal to comply with SNAP work requirements, document an exemption from work
requirements, or timely demonstrate compliance with SNAP work requirements, the
social services official shall issue a 10-day notice of intent to discontinue
or reduce SNAP benefits.
(4) If the
individual does contact the social services official within the time period set
forth in paragraph (2) of this subdivision, the individ- ual shall be
responsible for providing the social services official with reasons for his or
her failure or refusal to comply, and may be required to produce documentation
establishing such reasons as determined neces- sary by the social services
district.
(i) If the social services official
determines that the individual's failure or refusal to comply was with good
cause, the conciliation proce- dure shall terminate.
(ii) If the social services official
determines that the individual's failure or refusal to comply was without good
cause, the social services official shall issue a 10-day notice of intent to
discontinue or reduce SNAP benefits pursuant to paragraph (3) of this
subdivision, unless the individ- ual demonstrates compliance pursuant to
paragraph (5) of this subdivision.
(5) Regardless of whether the individual
provides reason for his or her failure to participate in SNAP work
requirements, should the individ- ual demonstrate compliance with SNAP work
requirements as assigned and in the timeframe established by the social
services district, then the conciliation procedure shall terminate.
(6) The conciliation period shall last no
longer than 30 calendar days from the date of the conciliation notice, unless
the social services of- ficial determines that the conciliation period should
last longer.
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