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(a) When the CWD learns that a household has lost a source of earned income or has experienced a reduction in income after the date of application, but before the household is certified, the CWD shall determine whether a voluntary quit or a reduction of work effort has occurred.

.212 The CWD shall determine whether good cause exists in accordance with Section 63-408.4 upon determining an applicant voluntarily quit employment or reduced the number of hours being worked.

.213 If the CWD determines that a household member has voluntarily quit a job or reduced the number of hours being worked without good cause, the individual's food stamp application shall be denied for one, three, or six months in accordance with Section 63-407.531, .532, or .533. The first month of the disqualification period is the month in which the individual is determined ineligible. The individual is considered an ineligible household member in accordance with Section 63-402.228.

(a) The household shall be notified in writing of the reason for the denial, the individual’s right to reapply at the end of the disqualification period, how to regain eligibility before the disqualification period begins, right to reapply if the individual becomes exempt in accordance with Section 63-408.3 during the disqualification period, and the right to request a state hearing.

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.214 If a voluntary quit or reduction in work effort occurred prior to certification, but is not discovered by the CWD until after certification, a food stamp disqualification shall be imposed in accordance with the procedures specified in Section 63-408.22.

.22 Recipient Households

.221 When the CWD learns that a recipient household has lost a source of earned income or has experienced a reduction in income, the CWD shall determine whether an individual, who is a work registrant in the household, has voluntarily quit a job or reduced work effort below 30 hours per week. The CWD shall determine whether there was good cause for the voluntary quit or reduced hours as defined in Section 63-408.4. Benefits shall not be delayed pending good cause determination.

.222 Upon a determination that the voluntary quit or reduction of work effort was without good cause, the CWD shall issue a notice of adverse action informing the household of the disqualification being imposed on the noncompliant work registrant. The notice shall be issued within 10 days of making the determination. In addition to the requirements specified in Section 63-504.21, the notice shall:

(a) Explain the reason for the proposed disqualification;

(b) Specify that the disqualification period shall begin the first of the month following the month the registrant is provided a timely notice of action and shall continue for the period identified in Section 63-407.53.

(1) The notice shall inform the household member that if, at any time, he/she becomes exempt in accordance with Section 63-408.612 during a disqualification period, the disqualification shall end and he/she may reapply for food stamps.

(c) Provide that the household member may reapply for food stamps after the disqualification period ends;

(d) Explain the actions that may be taken to avoid or end a disqualification period; and

(e) Inform the household member of the right to request a state hearing. If a state hearing is requested, food stamps shall be continued as specified in Section 63-804.6. If food stamp benefits are continued pending a state hearing and the CWD’s determination is upheld, the disqualification period shall begin the first of the month after the hearing decision is rendered.

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.223 If it is determined an individual, who is a work registrant, has voluntarily quit a job or reduced work effort to less than 30 hours per week without good cause as specified in Section 63-408.4, the individual is ineligible for food stamps and shall be excluded as a household member in accordance with Section 63-402.228.

.224 If the household member leaves the Food Stamp Program before the disqualification can be imposed, the period of ineligibility shall run continuously beginning with the first of the month after the expiration of the adverse notice period unless the disqualification is ended in accordance with Section 63-408.6.

.225 If the voluntary quit or reduction of work effort occurred in the last month of a certification period or is determined in the last 30 days of the certification period, disqualification requirements at Section 63-408.22 shall apply. The period of disqualification begins the day after the last certification period ends and continues for the length of the disqualification regardless of whether the individual reapplies for food stamps.

.3 Exemptions from Voluntary Quit and Reduction of Work Effort Disqualifications

.31 Individuals, who qualify for one of the work requirement exemptions at Section 63-407.21, shall be excused from the voluntary quit or reduction of work effort disqualification provision, and may regain food stamp eligibility by reapplying if otherwise eligible.

.4 Good Cause

The CWD shall be responsible for determining good cause in those instances where a work registrant has voluntarily quit a job or reduced work effort. The CWD shall consider the facts and circumstances, which includes information submitted by the individual and the employer.

.41 Good cause for voluntary quitting a job or reducing work effort shall include:

(a) Circumstances beyond the registrant’s control, such as, but not limited to, illness, illness of another household member requiring the presence of the registrant, a household emergency, the unavailability of transportation, or problems caused by inability of the registrant to speak or write English.

(b) Resigning from a job that does not meet the suitability criteria specified in Section 63-407.7.

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(c) Discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs;

(d) Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule;

(e) Acceptance by the individual of employment, or enrollment of at least half-time in any recognized school, training program or institution of higher education that requires the individual to leave employment;

(f) Acceptance by any other household member of employment or enrollment at least half-time in any recognized school, training program or institution of higher education in another county or state which requires the household to move and thereby requires the work registrant to leave employment;

(g) Resignations by persons under the age of 60 which are recognized by the employer as retirement;

(h) Acceptance of a bona fide offer of employment of 30 hours or more a week, or in which the weekly earnings are equivalent to the federal minimum wage multiplied by 30 hours, or because of circumstances beyond the control of the individual, the job either does not materialize or result in employment of less than 30 hours a week, or weekly earnings of less than the federal minimum wage multiplied by 30 hours.

(i) Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another such as migrant farm labor or construction work. There may be some circumstances where registrants will apply for food stamp benefits between jobs particularly in cases where work may not yet be available at the new job site. Even though employment at the new site has not actually begun, the registrant shall be considered to have quit with good cause if the quitting of the previous employment is a part of the pattern of that type of employment.

(j) Situations where there is a lack of adequate child care arrangements available for a registrant’s children who have reached age six but are under twelve years of age. For purposes of this section, adequate child care arrangements means those which meet the standards in California Code of Regulations, Title 22, Division 12, Chapter 1 commencing with Section 101151, Chapter 2 commencing with Section 101251, and Chapter 3 commencing with Section 102351.1.

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.42 The following shall not constitute good cause for leaving employment:

(a) When a federal, state, or local government employee has been dismissed from the job because of his/her participation in the strike against the government entity involved.

.5 Verification

To the extent that good cause for voluntary quit or reduction of work effort is questionable, the CWD shall request verification of the registrant’s statements in accordance with Section 63-300.5(g)(3)(C).

.6 Ending a Disqualification for Voluntary Quit or Reduction of Work Effort

.61 Following the end of the minimum disqualification period specified in Section 63-407.531, .532, or .533, eligibility for food stamps may be reestablished if the individual, who is otherwise eligible, applies and is determined by the CWD to be in compliance with the food stamp work registration requirements provided in Section 63-407.4. In compliance means the individual is fulfilling one of the food stamp work registration requirements or agrees to fulfill the requirements as specified by the CWD at application.

.62 If at any time during the period of disqualification an individual qualifies for one of the work registration exemptions listed at Section 63-407.21, the disqualification period shall end and the individual may reestablish food stamp eligibility by reapplying if otherwise eligible.

.63 When an application is filed in the final month of a food stamp disqualification period, the CWD must use the same application for both the denial of food stamp benefits in the remaining disqualification month and for certification of benefits for the subsequent month(s) as specified in Section 63-503.14, which provides the provisions for determining household eligibility and benefit levels.

.64 An individual who is also disqualified for not meeting the food stamp work requirements (e.g., not accepting a job offer) and is discontinued for failing to comply with 80 hours per month ABAWD work requirement, may regain food stamp eligibility if after the disqualification period has ended, he/she complies with the requirements of Section 63-410.5 or becomes exempt under Section 63-410.3 during the disqualification period.

NOTE: Authority cited: Sections 10554 and 18904, Welfare and Institutions Code. Reference: Sections 10554 and 18904, Welfare and Institutions Code; California Code of Regulations, Title 22, Division 12, Chapter 1 commencing with Section 101151, Chapter 2 commencing with Section 101251, and Chapter 3 commencing with Section 102351.1; 7 U.S.C. 2015(d)(1) and (o); 7 CFR 273.2(g); 7 CFR 273.7(b), (f), (i), and (j); Food and Nutrition Service (FNS) letter to CDSS dated November 13, 2001 regarding resumption of food stamp benefits after a disqualification; and FNS policy interpretation dated September 16, 2003.

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