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NYS Office of Temporary and Disability Assistance- TA and SNAP Employment Policy Manual

Section 385.11 – Page 11 Rev. 3/2022 The re-engagement/conciliation period shall last no longer than 30 calendar days from the issuance date of the conciliation/re-engagement notice, unless the HRA extends the period based on case specific circumstances. TA applicants and recipients who do not respond to the re-engagement/conciliation notice, refuse to or do not demonstrate compliance as assigned by HRA for a minimum of 5 business days may be subject to a non-durational TA and/or durational SNAP sanction in those instances where the worker determines that the individual intentionally and without good cause refused or failed to comply with an assigned work requirement. Districts Outside Of New York City When the district discovers that a TA applicant or recipient individual has failed to comply with a TA and/or SNAP work requirement (other than TA applicant assessment, TA applicant job search and applicant voluntary job quit/reduction in earning capacity), it must send the individual a notice which indicates that there has been a failure to comply and that the individual has ten days to respond. Such notice must: • identify the specific act or acts of noncompliance (failure or refusal to participate) that has/have taken place; • inform the individual of the right to avoid the pro-rata reduction in TA benefits by documenting an exemption consistent with 18 NYCRR §385.2 or by otherwise demonstrating that the noncompliance was not intentional and was with good cause; • explain what would constitute good cause and provide examples of acceptable forms of documentation that may be provided to districts to warrant an exemption or excused absence; and • indicate that the individual has 10 calendar days to respond and request conciliation. If the individual responds to the notice within the time allowed, they must be provided the opportunity to report to the district and provide reasons for the noncompliance. The district must review the reasons provided by the individual, along with any other evidence it has about the noncompliance and make a determination of whether the noncompliance was both willful and without good cause. If the district determines that the individual had good cause, was exempt at the time of the noncompliance (other than failure to comply with the completion of an employment assessment) or that any necessary supportive service or accommodation for a disability was not available at the time of noncompliance, a sanction should not be imposed. If the individual does not respond to the conciliation notice within the prescribed time limit, the district must make a determination of good cause without the individual’s input. If the district