Current through Vol. 42, No. 1, September 16, 2024
(a)
Applicability. The sanction process provides for the determination
of good cause and the use of penalties for individuals who refuse or fail to
participate in assigned work activities.
(b)
Failure or refusal to
participate. It is the responsibility of the worker to make the
determination that an individual has refused or failed to participate without
good cause in an assigned work activity.
(1)
Refusal to participate occurs when an applicant or recipient states orally or
in writing that he or she will not participate or continue to participate in
work activities. Refusal also occurs when an individual's action or inaction
indicates the individual, without good cause for refusing, will not participate
in the program.
(2) Failure to
participate in the program includes failure to:
(A) assist in the assessment and development
of employability plans that includes screening for substance abuse and
literacy;
(B) attend orientation,
scheduled meetings, or assessments;
(C) maintain a minimum of required hours in
scheduled activities;
(D) accept or
maintain appropriate employment;
(E) report absences from the work activity to
the worker, facility coordinator, or employer;
(F) comply with a substance abuse treatment
plan; or
(G) follow the rules of
the facility or employer.
(c)
Failure to participate without good
cause. The worker must contact the individual to determine good cause.
If it is determined at this contact that good cause does exist, the worker
assists the individual with either updating the employability plan or helping
the individual resume the activity as soon as possible. If it is determined
there is not good cause for failure to participate or no contact was completed,
the worker closes or denies the cash assistance.
(d)
Determination of good cause.
All good cause situations are temporary in nature. An individual may have good
cause for refusing or failing to participate in Temporary Assistance for Needy
Families (TANF) Work. The worker determines whether or not good cause
exists.
(e)
Procedure
following denial of cash assistance. When an application for cash
assistance is denied for failure to participate in the work activity without
good cause, a new application must be completed.
(f)
Procedures following termination of
cash assistance.
(1) When there has
been no contact with the individual 30 calendar days after the effective date
of closure, the worker makes a home visit to determine the family's
circumstances and offers appropriate services, unless the worker's personal
safety is in question.
(2)
Individuals who agree to participate within 60 calendar days of the date of the
benefit termination may have their benefit reopened on reconsideration of the
administrative action after the individual participates in an agreed upon
appropriate activity for a specified length of time. If an appropriate activity
is not available due to the client's previous behavior, the case remains
closed. The effective date of the reopen action is dependent upon the
successful participation of the individual in an assigned work activity and the
circumstances of the case.
(g)
TANF hearing. An individual
who responds to a written notice of denial or termination of cash assistance as
a result of failure or refusal to participate in work activities, and the
matter cannot be resolved locally, is assisted in requesting a hearing before a
hearing officer in accordance with OAC 340:2-5.
(h)
Grievances and appeals by employees
of Work Experience Program (WEP), Subsidized Employment Program (SEP), and
On-the-Job Training (OJT) facilities. Grievances may be filed by
employees of facilities where TANF work participants are assigned to WEP, SEP,
or OJT, when they believe they have been harmed by the violation of one of the
assurances in paragraph (1) of this subsection.
(1) WEP, SEP, or OJT assignments must not
result in the filling of any established vacancy which:
(A) results in the displacement of any
currently employed worker or position, including partial displacement, such as
a reduction in hours or non-overtime work, wages, or employment
benefits;
(B) impairs existing
contracts for services;
(C) results
in the employment or assignment of a participant, or the filling of a position,
when any other person is on lay-off from the same organizational unit, or when
an employer has terminated any employee or otherwise reduced its work force
with the effect of filling the vacancy created by hiring a participant whose
wages are subsidized under this program; or
(D) infringes in any way upon promotional
opportunities of any currently employed individual.
(2) If an employee or authorized
representative wishes to file a grievance for any of the reasons stated in
paragraph (1) of this subsection, the request is submitted in writing to the
attention of the county director of the county in which the alleged violation
occurred. The request:
(A) contains the date
of the request, the date of the alleged violation, and a description of the
alleged violation including the effect on the employee;
(B) is signed by the employee or authorized
representative; and
(C) includes
the mailing address and telephone number of the person signing the
request.
(3) The worker
contacts the individual making the request within ten calendar days from the
date of receipt of the request in the local office, and attempts to resolve the
grievance on an informal basis.
(A) When the
grievance cannot be resolved on an informal basis within the ten calendar days,
the case is referred to the county director for review and assistance in
resolving the grievance.
(B) If the
grievance is not resolved within ten calendar days from the date of referral to
the county director, the worker notifies the employee in writing of the:
(i) point(s) still at issue in the grievance;
and
(ii) right to request a fair
hearing within 30 calendar days of the date of this decision.
(C) The 20-day period allowed for
resolution of the grievance is part of the 90-day period allowed for
disposition of the appeal if the employee appeals.
Added at 15 Ok Reg 145,
eff 11-1-97 (emergency); Added at 15 Ok Reg 897, eff 2-1-98 (emergency); Added
at 15 Ok Reg 1277, eff 3-1-98 (emergency); Added at 15 Ok Reg 2616, eff
6-25-98; Amended at 16 Ok Reg 2076, eff 6-1-99 (emergency); Amended at 17 Ok
Reg 2271, eff 5-1-00 (preemptive); Amended at 23 Ok Reg 980, eff 6-1-06;
Amended at 27 Ok Reg 1173, eff 6-1-10; Amended at 28 Ok Reg 781, eff
6-1-11
