Conciliation for refusal or failure to comply with public assistance work requirements for individuals not living in a city with a population of 1,000,000 or more people.

(1) The social services official shall issue a conciliation notice to any applicant for or recipient of public assistance who has refused or failed to comply with the requirements of this Part. However, no notice of conciliation shall be issued to: an applicant deemed ineligible for public assistance pursuant to section 385.2(c)(1) of this Part; an applicant who is ineligible for public assistance pursuant to section 385.6(a)(7)(i) of this Part; an applicant who is ineligible for public assistance pursuant to section 385.7(a)(7)(i) of this Part; or an applicant who is ineligible for public assistance pursuant to section 385.9(e)(5) of this Part.

(2) Such notice shall:

(i) indicate that a refusal or failure to participate has occurred;

(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 individual has a right to provide reasons for such refusal or failure to participate;

(iv) include an explanation of what constitutes good cause for non-compliance and acceptable forms of evidence that may warrant an exemption from work requirements including, but not limited to, evidence of domestic violence, and/or physical and/or mental health conditions. Such evidence may be provided at the conciliation conference;

(v) include the necessary actions that must be taken to avoid a pro rata reduction in public assistance benefits; and

(vi) indicate that, in the case of an applicant for or recipient of family assistance, the individual shall have 10 days from the date of the conciliation notice to request a conciliation, and in the case of an applicant for or recipient of safety net assistance, 7 calendar days from the date of the conciliation notice to request conciliation.

(3) If the individual does not contact the social services official within the periods set forth in paragraph (2) of this subdivision, the social services official shall issue a notice of denial or a 10-day notice of intent to discontinue or reduce public assistance. Such notice shall:

(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 work requirements of this Part;

(iii) indicate the necessary actions that must be taken to avoid a pro rata reduction in public assistance benefits; and

(iv) 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 periods set forth in paragraph (2) of this subdivision, the individual shall be responsible for providing the social services official with reasons 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, 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, the conciliation procedure shall terminate.

(5) The conciliation period shall 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 calendar 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.