Current through September 24, 2024
(1)
When a non-exempt individual fails or refuses to comply with the requirements
set out in 1240-1-3-.43, without good cause, the individual will be ineligible
to participate in the Food Stamp Program for:
(a) the first violation, one (1) month or
until compliance, whichever is later;
(b) the second or subsequent violation, 3
months or until compliance, whichever is later.
(c) During the period of disqualification,
the individual will be treated as an excluded household member as described in
§ 1240-1-4-.17(7)(a) 1.(ii).
(2) Determining Good Cause. Good Cause for
failure to comply with the Food Stamp Program work requirements includes
circumstances beyond the household member's control, such as, but not limited
to:
(a) personal illness, or illness of
another household member which requires the individual's presence;
(b) household emergencies which prevent
compliance;
(c) lack of
transportation;
(d) the lack of
adequate child care for children who have reached age 6, but are under age
12.
(3) Implementing the
Disqualification.
(a) Within 10 days of
determining that the noncompliance was without good cause, the county office
will authorize the adverse action and a 10-day adverse action notice will be
sent to the individual or household. The notice will specify:
1. the particular act of noncompliance
committed;
2. the proposed period
of disqualification and that the individual or household may reapply at the end
of the disqualification period;
3.
a description of the action which can be taken to end or avoid the
sanction.
(b) The
disqualification period will begin with the first month following the
expiration of the adverse action notice period, unless a fair hearing is
requested.
(c) Each individual or
household has a right to a fair hearing to appeal a denial, reduction, or
termination of benefits due to a determination of nonexempt status or a
determination of failure to comply with the work registration or employment and
training requirements.
(4) Ending the Disqualification.
(a) The disqualification for failure to
comply with the work requirements will continue until the member who caused the
violation complies with the requirement or becomes exempt from the requirement
(other than exemption through the cash assistance program under Title IV-A of
the Social Security Act or unemployment compensation work requirements), or for
3 months, whichever is later.
(b)
If any household member who failed to comply joins a new household, the
individual will remain ineligible for the rest of the disqualification
period.
(5) Failure to
Comply with a Families First work requirement which results in a
disqualification for benefits in that program for a household or a household
member will result in a ten percent (10%) reduction in the household's food
stamp allotment.
Authority: T.C.A. §§
4-5-201 et seq., 4-5-202, 71-1-105,
71-3-157, 71-3-158, PL
104-193, and
7 C.F.R.
273.7(g).
