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

Section 385.11 – Page 9 Rev. 3/2022 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, the re-engagement/conciliation process must be terminated, no re- engagement/conciliation notice should be sent, and a sanction should not be imposed. If an individual is determined to be nonexempt, HRA should provide the necessary supportive services or accommodation and seek to re-engage the individual in work activities consistent with the individual’s employment assessment and any documented work limitations. If an individual is determined to be exempt from work requirements, HRA should determine the individual’s current employability status, and if still exempt, determine if engagement in any treatment, medical care, or rehabilitation is appropriate. Issuance of Re-engagement/Conciliation Notice: If HRA determines, based on the information available at the time of the case review, that the individual was not exempt, and that any necessary supportive services (e.g., childcare, transportation, and accommodations for a disability) were available at the time of noncompliance, the re-engagement/conciliation notice must be issued by HRA to inform the individual of the opportunity to avoid a TA sanction and a pro-rata reduction or discontinuance in TA benefits by demonstrating compliance with the assigned work activity, by documenting that they are exempt from work activities, or by showing good cause for the failure to comply. The re-engagement/conciliation 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 through re-engagement (demonstrating compliance with assigned work requirements, by documenting an exemption consistent with 18 NYCRR §385.2 or by otherwise demonstrating that the noncompliance was not intentional or with good cause); • indicate that HRA has reviewed the case record and based on the information available determined that the individual is not exempt from work requirements and that the necessary supportive services and accommodations for a disability were available at the time of the noncompliance; • explain what would constitute good cause and provide examples of acceptable forms of documentation that may be provided to HRA to warrant an exemption or excused absence (e.g. medical note, letter from the court, etc.); and • indicate that the individual has 10 calendar days to appear at the conciliation conference to explain why they did not participate in the assigned work requirement.