Reengagement/conciliation; refusal to participate with public assistance work requirements for individuals living in a city with a population of 1,000,000 or more people.

(1) The social services official shall issue a reengagement/conciliation notice to any applicant for or a recipient of public assistance who has refused or failed to comply with the requirements of this Part. However, no notice of reengagement/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 or to avoid a pro rata reduction in public assistance benefits;

(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 reengagement/conciliation conference;

(v) indicate that the individual’s case was reviewed before sending the notice required pursuant to this section and that the social services district has determined, based on the information available at the time of the review, that appropriate child care, transportation and accommodations for a disability as reasonably known to the social services district to have been appropriate to the individual were available at the time of the refusal or failure to participate;

(vi) include the necessary actions that must be taken to avoid a pro rata reduction in public assistance benefits, including reengaging in work activities as assigned by the social services district for a minimum of 5 business days but no more than 10 business days. An individual may also avoid a pro rata reduction in public assistance benefits by documenting an exemption pursuant to section 385.2 of this Part; and

(vii) indicate that the individual shall have 10 calendar days from the date of the reengagement/conciliation notice to request reengagement/conciliation.

(3) If the individual does not contact the social services official within 10 calendar days from the date of the reengagement/conciliation notice, the social services official shall make a finding of whether the alleged refusal or failure to comply was willful and without good cause. The social services district shall consider any evidence in the possession of the social services district indicating that the participant has good cause. If the individual is otherwise participating in work activities as assigned by the social services district, there shall be no finding of willfulness without good case based on a single missed appointment or infraction. If the social services district determines that the noncompliance was willful and without good cause, the individual has not reengaged in work requirements as assigned by the social services district and the individual has not documented that he/she is exempt from the assigned work requirement, the social services district 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 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.

(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.