Page 187

Page 187 of 233 § 10:90-4.13 Sanctions

i. Reviewing the case record to determine whether an assessment or other information in the file indicates that good cause for noncompliance exists; and ii. Outreaching to the recipient, to attempt to determine the reason for noncompliance and whether it constitutes good cause, in consultation with the recipient. 3. If good cause requires that services be provided in order for the recipient to comply, then services shall be provided, as appropriate, prior to any reassignment of work activities. 4. The recipient shall be provided with reasonable accommodations in work activities and, when necessary given the condition, deferred from participation for identified disabilities or if the agency reasonably believes that a disability exists after consultation with the individual. 5. The sanctioned recipient shall be advised of the right to contest the sanction if he or she disagrees with the agency determination to impose the sanction. A sanctioned recipient may request a fair hearing and continued benefits. (i) The pre-sanction and outreach process shall be implemented in the following manner: 1. At the time that the activity is scheduled, the recipient and case worker shall identify and record the best method for contacting the recipient in the event that the recipient fails to attend an activity. Methods of contact shall include written notice and at least one of the following: i. More than one attempt by telephone at different times of the day; ii. In person outreach at a time identified by the recipient; or iii. Other methods, such as an authorized third-party contact, when necessary to accommodate a disability or for other good cause. 2. Methods of outreach must accommodate a person with a disability when necessary. Outreach must be conducted in a way that is meaningful for an individual with limited English proficiency. 3. If a recipient contacts the vendor because he or she cannot attend a scheduled activity, the vendor shall determine if the absence is excused. 4. If a recipient does not show up at a scheduled activity, or if the vendor determines that the absence is not excused, the referring case manager shall be notified and an attempt to contact the individual shall be made to determine the reason for the absence and to determine if good cause exists. 5. The case manager shall check the case record for a current assessment or other indicator of a barrier. 6. If a recipient does not show up at a scheduled activity for two days, the case manager shall be notified. If the case manager has either determined that good cause does not exist or has been unable to determine good cause because outreach efforts (defined at (i)1 above) were unsuccessful, an adverse action notice shall be mailed to the recipient at least 10 calendar days before the effective date of the action.