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

Section 385.11 – Page 15 Rev. 3/2022 Districts should update the non-compliance tab in WTWCMS at each stage of the conciliation and sanction process, including the conciliation response and resolution information, and add detailed client notes to document the client’s response to conciliation, the reasons provided by the client for the failure to comply, and the district’s determination of willful and without good cause. Additionally, for clients who demonstrate program compliance to avoid a SNAP sanction, the case record must contain documentation to verify the client’s compliance with the work activity assignment to support the district’s decision to not impose a SNAP sanction. Conciliation information for cases in New York City is maintained in the Human Resource Administration’s New York City Work Accountability and You (NYCWAY) system. If a manual conciliation notice is needed, HRA workers should use the LDSS-5087 NYC Re-engagement and Conciliation Notice. Dispute Resolution (Temporary Assistance) Districts must establish a conciliation procedure for resolving grievances initiated by clients assigned to TA work activities to dispute a particular work activity assignment, including the district’s response to the individual’s request for health-related accommodations. Conciliation for disputing assignments requires a meeting with the individual, the appropriate district staff and/or an independent mediator. An individual may initiate the dispute resolution procedure by submitting a grievance in writing. District must conduct at least one conciliation meeting with the individual within 30 days of the day on which the grievance was submitted. In such meeting, the grievance must be mediated by: • an agreement with an independent entity; or • supervisory staff who are trained in mediation and who have no direct responsibility for the individual’s case; or • designated supervisory staff who have no direct responsibility for the individual’s case and who are not trained in mediation. No sanction relating to the subject of the dispute should be imposed during the conciliation process, which begins on the day when the individual submits a grievance in writing and ends when the individual is provided written notice of the results of the conciliation. The individual retains the right to request a fair hearing if the issue is not resolved in the participant’s favor. The individual shall be required to participate in assigned work activities during the dispute resolution and fair hearing process.