Page 5

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

Section 385.11 – Page 5 Rev. 3/2022 (i) be designed by the office; provided, however, that the social services official may submit for approval a local equivalent form which meets the requirements of this paragraph; (ii) indicate the specific instance or instances of willful refusal or failure to comply without good cause with the requirements of this Title; (iii) indicate that the social services district has determined, based on the information available to the social services district at the time of the review, that appropriate child care, transportation and accommodations for a disability as reasonably known to the social services district were available at the time of the failure to participate; (iv) indicate the necessary actions that must be taken to avoid a pro rata reduction in public assistance benefits including reengaging in work requirements as assigned by the social services district or documenting that he/she has become exempt from the requirement to participate in work activities pursuant to section 385.2 of this Part; and (v) include a statement approved by the commissioner, and in accordance with the provisions of Part 358 of this Title, indicating that the individual has the right to a fair hearing related to such denial, discontinuance or reduction. (4) If the individual contacts the social services official within the period set forth in paragraph (2) of this subdivision, the individual shall be responsible for providing the social services official with the reason(s) for his or her refusal or failure to comply. (i) If the social services official determines that the individual's refusal or failure to comply was willful and without good cause and the individual does not reengage in work requirements as assigned by the social services district for a minimum of 5 business days but not more than 10 business days, the social services official shall issue a 10-day notice pursuant to the requirements of paragraph (3) of this subdivision. (ii) If the social services official determines that the individual's refusal or failure to comply was not willful or was with good cause or the individual reengages in work requirements as assigned by the social services district for a minimum of 5 business days but not more than 10 business days, the reengagement/conciliation procedure shall terminate. (5) The reengagement/conciliation period shall last no longer than 30 calendar days from the date of the conciliation notice issued to a public assistance applicant or recipient, unless the social services official extends the conciliation period based on case specific circumstances. (6) No notice shall be sent unless it has been determined that the individual is not exempt and that appropriate child care, transportation and accommodations for a disability as reasonably know to the social services district were available at the time of refusal or failure to comply.