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When the eligibility system runs, the disqualification will be shown. The disqualification period will be applied as follows: • For applicant AGs, if the quit occurred during the 60 days prior to the application date, the member is disqualified for a minimum of 2 months beginning with the day after the quit or until the AG member complies, whichever is later (for the first violation). o Note: There is no penalty for a Voluntary Quit that occurred more than 60 days before the application date. • For applicant AGs, if the quit occurred after the application date, but prior to authorization, the AG member is disqualified for a minimum of 2 months beginning with the application date, or until the member complies, whichever is later (for the first offense). • For recipient AGs, the AG member is disqualified for a minimum of 2 months, beginning with the first of the month after normal procedures for adverse action have been followed or until the member complies, whichever is later (for the first offense); and • If the quit occurred in the last month of a certification period, the AG member is disqualified beginning with the first day of the month following the end of the certification period. The disqualification will last for a minimum of 2 months or until the member complies, whichever is later (for the first offense).
When the individual cures the sanction, he will be added back into the AG the month following the cure or the end of minimum sanction period, whichever is later.
A one member AG must reapply following compliance.
If an appeal is filed and continued benefits are provided pending a hearing, the disqualification cannot be imposed until the month after the hearing decision sustaining the original action is released. No claim is necessary for the benefits received pending the hearing.
When the sanction is imposed, the AG must be given a notice of denial for applicant AG members and a notice of termination for recipient AG members. The AG will be informed of its hearing rights on the notice. The notice will contain the period of disqualification and explain what the AG member may do to avoid or end the disqualification.
The penalties for subsequent offenses are the later of 6 months for the second violation and 36 months disqualification for the third violation or until the individual complies.
If a disqualified client becomes exempt from Work Registration, the Voluntary Quit sanction is terminated immediately. The minimum disqualification period may not be served in this situation. 2438.50.25.05
DISQUALIFICATION FOR REDUCING HOURS (S)
Mandatory work registrants who voluntarily reduce their employment to less than 30 hours a week without good cause will be disqualified.
Good cause will be the same good cause applicable to Voluntary Quit which is included in Sections 2438.45.10.10, 2438.45.10.15 and 2438.50.10. Follow the steps in Section 2438.50.20 for Voluntary Quit, when determining if a voluntary reduction has occurred.