Page 1221

COMBINED MANUAL

ISSUE DATE 08/2020

SANCTIONS FOR FAILURE TO COMPLY - CASH

0028.30

MFIP: For information on child support sanctions when the participant is not also sanctioned for another reason, see 0012.24 (Child Support Sanctions). For information on drug felony sanctions, see 0011.27.03 (Drug Felons). For information on post 60-month sanctions, see 0028.30.04 (Post 60-Month Empl. Services Sanctions). For information on MFIP sanctions for refusing or terminating suitable employment, see 0028.30.09 (Refusing or Terminating Employment). Also see 0028.18 (Good Cause for Non-Compliance--MFIP/DWP), 0028.30.12 (Sanction Notice for Minor Caregiver).

UNLESS THERE IS GOOD CAUSE, consider a participant out of compliance with the requirements of MFIP Employment Services if they fail to:

● Attend a financial orientation.

OR ● Attend the overview.

OR ● Conduct the required job search.

OR ● Cooperate in the development of an Employment Plan.

OR ● Comply with or make satisfactory progress in the activities specified in the Employment Plan. The Employment Plan must clearly specify the criteria for satisfactory progress.

OR ● Accept or terminates suitable employment.

OR ● Meet school attendance requirements.

Do not sanction a Family Stabilization Services (FSS) participant unless all FSS pre-sanction provisions have been met. See Employment Services Manual Appendix H (FSS Sanction Guidance).

Do not impose a sanction when the participant comes into compliance BEFORE the effective date of the sanction for failure to:

● Attend financial orientation.

OR ● Comply with child support requirements. See 0012.24 (Child Support Sanctions).

Do NOT continue a sanction that was imposed in a previous state. Sanctions do not follow from state to state.

In addition, apply the process below for any EMPLOYMENT-RELATED sanction:

1. The job counselor must send participants the MFIP Notice of Intent to Sanction (DHS-3175) (PDF) and tell them they may request a conciliation conference. Your agency’s Employment Services Provider (ESP) must conduct the conference within 5 days of the request. Participants may request a fair hearing when they get a Notice of Intent to Sanction without exercising the option of a conciliation conference.

2. If a participant does not request a conciliation conference within 10 calendar days of the mailing of the Notice of Intent to Sanction, the job counselor will send a DWP/MFIP Status Update Form (DHS-3165) (PDF). When you get the Status Update Form, send the caregiver a Notice of Adverse Action (NOAA).

3. Apply the sanction to the grant for the 1st possible month after the determination of non-compliance, following 10-day notice requirements. Notify the job counselor of the effective date of sanction.

4. The caregiver may request a fair hearing upon getting the NOAA. See 0027 (Appeals). If the caregiver files an appeal within 10 days after the date of the NOAA, follow the provisions of 0027.15 (Continuation of Benefits).