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

Section 385.11 – Page 8 Rev. 3/2022 Part B - Department Policy Conciliation for Instances of Noncompliance Districts are required to offer conciliation when an applicant or recipient fails to comply with Temporary Assistance (TA) and/or SNAP work requirements (other than TA applicant assessment, TA applicant job search and applicant voluntary job quit/reduction in earning capacity) as assigned by the district. Conciliation for instances of noncompliance is a procedure designed to provide individuals who have failed to comply with employment requirements a chance to give the district reasons why they failed to comply and to show that the failure to comply was not willful and was with good cause. Conciliation can be accomplished through a face-to-face meeting, telephone discussion or in writing by the individual. If conciliation takes place, the district must inform the individual in writing of the results. This notification can be done separately, or as a part of the denial notice for applicants or ten-day notice for recipients. District procedure for conciliation must be described in the local employment plan. The conciliation period should last no longer than 14 calendar days from the date on which an applicant for or recipient of safety net assistance requests conciliation, and no longer than 30 days from the date of the conciliation notice issued to an applicant for or recipient of family assistance, unless the individual and the social services official agree that the conciliation period should last longer. As specified in 18 NYCRR 385.11 and 385.12, the conciliation procedures for noncompliance with a TA work requirement differ for New York City versus districts outside of New York City. Districts must follow the appropriate TA conciliation procedures as described below. New York City When the New York City Human Resource Administration (HRA) discovers that an 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) assigned by HRA, then HRA must offer the individual re-engagement/conciliation. The re-engagement/conciliation process must include the following steps: Case Record Review: Prior to issuing the re-engagement/conciliation notice, HRA must first complete a review of the case record to confirm, based on the information available at the time of the review, that the individual was not exempt from work requirements and that any necessary supportive services and accommodations for a disability (if needed) were available at the time of noncompliance. If HRA determines that the individual had good cause, was exempt at the time of the