11.2 MDHS Responsibilities.

A. MDHS must register all non-exempt household members for work. 1. Applicants must be allowed to complete a work registration form for each household member required to register for employment. 2. MDHS may also document in the case record that all applicable household members have registered for employment. B. During the certification process, MDHS must provide a written notice and an oral explanation of the applicable work requirements for all household members and identify which requirements apply to the respective/appropriate household members. C. Such notice and explanation must also be provided when an exempt household member or a new household member becomes subject to the work requirements, and at recertification. D. The notice must include the following: 1. An explanation of each work requirement; 2. A list of the individuals who are subject to which work requirements; 3. The exemptions to the work requirements; 4. The steps to request an exemption; 5. The rights and responsibilities of each work requirement; 6. The requirements to maintain eligibility under the applicable work requirements; 7. What actions are needed to remain in compliance; 8. The consequences for failing to comply; and 9. The steps to initiate a good cause request. E. If a person is subject to a mandatory E&T program, the notice must explain the right to receive reimbursements for allowable expenses related to E&T participation up to the state cap. F. If a person is subject to a mandatory E&T program, MDHS must exempt such participation when an individual’s allowable expenses exceed what MDHS will reimburse. G. MDHS is responsible for screening every work registrant to determine whether the individual should be referred to an E&T program. H. E&T participants must receive both case management services and at least one E&T component while participating in E&T. I. MDHS must determine the order in which a participant will receive the elements of an E&T program. J. MDHS must explain to participants the next steps for accessing the E&T program. If there is not an appropriate and available opening in an E&T program, MDHS must determine the participant has good cause for failure to comply with the mandatory E&T requirement. K. MDHS may, with approval by FNS, use intake and sanction systems that are compatible with the TANF Work Program. It must be proposed and explained in the State E&T Plan. L. A notice of adverse action must be issued within 10 days after learning of the individual’s noncompliance was without good cause. See Rule 12.6 Ineligibility for Failure to Comply. 1. If an individual complies prior to the end of the advance notice period, MDHS must cancel the adverse action. 2. If MDHS must issue the notice of adverse action when non-compliance with the E&T program is identified. M. MDHS must design and operate an E&T program that consists of case management services and at least one or more, or a combination of, employment and/or training components. N. MDHS must design its E&T program in consultation with the State workforce development board. Moreover, each component of the E&T program must be delivered through its statewide workforce development system, unless the component is not available locally through that system. O. MDHS must ensure as much as possible that E&T programs are provided for Indians living on reservations. P. If a benefit overissuance is discovered for a month(s) that a mandatory E&T participant has already fulfilled a work component requirement, MDHS must apply the claim recovery procedures as listed below: 1. If an individual is still subject to a work obligation, MDHS must determine how many extra hours were worked because of the improper benefit and give the participant credit for those extra hours toward future work obligations. 2. If the workfare or work component requirement does not continue, then MDHS must determine whether the overissuance occurred due to an intentional program violation, an inadvertent household error or an agency error. Q. MDHS must conduct an effective and efficient E&T program or face possible injunctive relief and/or suspension of administrative funds. R. MDHS must ensure that E&T providers understand their duty to determine if an individual is ill suited for a particular E&T component. See Rule 14.14 E&T Provider Determinations. S. MDHS must annually submit an E&T Plan to its appropriate FNS Regional Office no later than 45 days before the start of the Federal fiscal year. T. MDHS must submit required reports regarding work requirements to FNS. Source: 7 CFR §272.2(d)-(e); 7 CFR §273.7(c) and (m)(6)(v); 7 CFR §276.1 Revised: March 2022