Rule 290-2-28-.17 Sanctions

(1) A recipient shall be subject to sanction for failing to comply with the state plan if the recipient: (a) Fails to report that a child is absent from home for a period of 45 consecutive days or, in the case of a child who is a recipient, being absent from home for a period of 45 consecutive days; provided, however, that a child who is a recipient shall not be sanctioned if the department determines there is good cause not to sanction the child under such circumstances; (b) Violates any personal responsibility or work participation requirement; provided, however, that a single custodial parent with a child under 12 months of age may be exempt from any work participation requirement until adequate child care is available; or (c) Except for violations of Rule which result in the recipient no longer being eligible for assistance, violates any other term or condition specified in the federal Social Security Act, as amended, the state plan or the rules and regulations of the board.

(2) Prior to imposition of any sanction for failing to comply with any requirement contained in this rule, the department shall engage in a conciliation process with the recipient; provided, however, that the department shall not be required to engage in such a conciliation process if the recipient commits multiple material violations of the same requirement.

(3) The 25% reduction in cash assistance sanction will be applied for one month or until the recipient complies with the requirement (up to a maximum of three months).

(4) If the recipient does not come into compliance within the required time frame of three months, the recipient will be determined to have committed a second material violation and cash assistance to the family shall be terminated.

(5) If the recipient commits a second material violation, cash assistance to the family will be terminated. A second material violation occurs when: (a) A recipient commits a first material violation and does not come into compliance within three months; or (b) A recipient commits a first material violation, and then commits a second material violation within twenty-four months.

(6) The department may determine that there is good cause not to apply sanctions in specific circumstances.

(7) If the department notifies the recipient that a sanction is to be imposed, the recipient has the right to request a fair hearing and to request continuation of benefits until the administrative hearing decision becomes final.