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(a) Noncompliance of public assistance applicants and recipients with the requirements of this Part.
(1) Potentially employable applicants and recipients.
(i) An applicant who has been determined to be exempt from participation in work activities in accordance with the requirements of this Part due to being incapacitated due to a physical and/or mental health condition pursuant to this section, who, in the judgment of the social services official has the potential to improve his/her ability to work through suitable medical care, rehabilitation and/or treatment, will be denied assistance if he/she willfully and without good cause fails to comply with requirements for potentially employable applicants pursuant to section 385.2 of this Part. Ineligibility for public assistance continues until the applicant agrees to comply with the requirements and demonstrates such compliance where appropriate.
(ii) A recipient who has been determined to be exempt from participation in work activities in accordance with the requirements of this Part due to being incapacitated due to a physical and/or mental health condition pursuant to this section, who, in the judgment of the social services official has the potential to improve his/her ability to work through suitable medical care, rehabilitation and/or treatment, and willfully and without good cause refuses or fails to comply with the requirements for the potentially employable recipient pursuant to section 385.2 of this Part, is ineligible to receive public assistance until such time as he/she is willing to comply with such requirements.
(i) An applicant who has been determined to be exempt from participation in work activities in accordance with the requirements of this Part due to being incapacitated due to a physical and/or mental health condition pursuant to this section, who, in the judgment of the social services official has the potential to improve his/her ability to work through suitable medical care, rehabilitation and/or treatment, will be denied assistance if he/she willfully and without good cause fails to comply with requirements for potentially employable applicants pursuant to section 385.2 of this Part. Ineligibility for public assistance continues until the applicant agrees to comply with the requirements and demonstrates such compliance where appropriate.
(ii) A recipient who has been determined to be exempt from participation in work activities in accordance with the requirements of this Part due to being incapacitated due to a physical and/or mental health condition pursuant to this section, who, in the judgment of the social services official has the potential to improve his/her ability to work through suitable medical care, rehabilitation and/or treatment, and willfully and without good cause refuses or fails to comply with the requirements for the potentially employable recipient pursuant to section 385.2 of this Part, is ineligible to receive public assistance until such time as he/she is willing to comply with such requirements.
(2) A public assistance applicant or recipient subject to employment requirements who is determined to have refused or failed to comply with the requirements of this Part in accordance with the provisions of section 385.11(a) of this Part regarding conciliation for individuals not living in a city with a population of 1,000,000 or more people or subdivision (b) of this section for individuals living in a city with a population of 1,000,000 or more people must be provided a notice of such determination and of the intent of the social services district to deny, discontinue or reduce assistance, as follows:
(i) An applicant must be issued an adequate notice of denial of public assistance which informs him/her that he/she has refused or failed to comply without good cause with employment requirements in accordance with the provisions of section 385.6(a)(7)(i), 385.7(a)(7)(i), 385.9(e)(5) or 385.13(a)(8)(i) of this Part. An applicant must be issued an adequate notice of denial of public assistance which informs him/her that he/she has willfully refused or failed to comply with employment requirements without good cause in accordance with the provisions of this Part other than those specified in this subparagraph.
(ii) A recipient must be issued an adequate and timely notice of intent to discontinue or reduce assistance which informs him/her that he/she has willfully and without good cause refused or failed to comply with employment requirements in accordance with the requirements of this Part. For recipients who live in a city with a population of 1,000,000 or more people, the recipient must not have reengaged in work requirements as assigned by the social services district for a minimum of 5 business days but not more than 10 business days.
(iii) The notices specified in subparagraphs (i) and (ii) of this paragraph must also inform:
(a) the applicant or recipient of the specific instance(s) of refusal or failure to comply willfully and without good cause with the requirements of this Part and of the specific section of this Part in which the requirement(s) is contained;
(b) the applicant or recipient who does not live in a city with a population of 1,000,000 or more people that he/she has the right to again apply for public assistance at any time, and, for safety net assistance recipients, that he/she may reapply at least 45 days before the end of the sanction period to ensure restoration of benefits immediately following the applicable sanction period provided that the individual is otherwise eligible for public assistance;
(c) the applicant or recipient who does not live in a city with a population of 1,000,000 or more people of the duration for which he/she will be ineligible for public assistance or for a reduced amount of public assistance in accordance with this section;
(d) the applicant or recipient who lives in a city with a population of 1,000,000 or more people that he/she has the right to apply for public assistance at any time;
(e) the applicant or recipient who lives in a city with a population of 1,000,000 or more people 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 disability were available at the time of the refusal or failure to participate;
(f) the necessary action that must be taken to avoid a pro rata reduction in public assistance benefits and provide the additional information, for applicants or recipients who live in a city with a population of 1,000,000 or more people, that they may avoid a pro rata reduction in public assistance benefits by reengaging in work activities as assigned by the social services district for a minimum of 5 business days but not more than 10 business days; and
(g) that he/she has the right to a fair hearing in accordance with the provisions of Part 358 of this Title.
(i) An applicant must be issued an adequate notice of denial of public assistance which informs him/her that he/she has refused or failed to comply without good cause with employment requirements in accordance with the provisions of section 385.6(a)(7)(i), 385.7(a)(7)(i), 385.9(e)(5) or 385.13(a)(8)(i) of this Part. An applicant must be issued an adequate notice of denial of public assistance which informs him/her that he/she has willfully refused or failed to comply with employment requirements without good cause in accordance with the provisions of this Part other than those specified in this subparagraph.
(ii) A recipient must be issued an adequate and timely notice of intent to discontinue or reduce assistance which informs him/her that he/she has willfully and without good cause refused or failed to comply with employment requirements in accordance with the requirements of this Part. For recipients who live in a city with a population of 1,000,000 or more people, the recipient must not have reengaged in work requirements as assigned by the social services district for a minimum of 5 business days but not more than 10 business days.
(iii) The notices specified in subparagraphs (i) and (ii) of this paragraph must also inform:
(a) the applicant or recipient of the specific instance(s) of refusal or failure to comply willfully and without good cause with the requirements of this Part and of the specific section of this Part in which the requirement(s) is contained;
(b) the applicant or recipient who does not live in a city with a population of 1,000,000 or more people that he/she has the right to again apply for public assistance at any time, and, for safety net assistance recipients, that he/she may reapply at least 45 days before the end of the sanction period to ensure restoration of benefits immediately following the applicable sanction period provided that the individual is otherwise eligible for public assistance;
(c) the applicant or recipient who does not live in a city with a population of 1,000,000 or more people of the duration for which he/she will be ineligible for public assistance or for a reduced amount of public assistance in accordance with this section;
(d) the applicant or recipient who lives in a city with a population of 1,000,000 or more people that he/she has the right to apply for public assistance at any time;
(e) the applicant or recipient who lives in a city with a population of 1,000,000 or more people 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 disability were available at the time of the refusal or failure to participate;
(f) the necessary action that must be taken to avoid a pro rata reduction in public assistance benefits and provide the additional information, for applicants or recipients who live in a city with a population of 1,000,000 or more people, that they may avoid a pro rata reduction in public assistance benefits by reengaging in work activities as assigned by the social services district for a minimum of 5 business days but not more than 10 business days; and
(g) that he/she has the right to a fair hearing in accordance with the provisions of Part 358 of this Title.
(a) the applicant or recipient of the specific instance(s) of refusal or failure to comply willfully and without good cause with the requirements of this Part and of the specific section of this Part in which the requirement(s) is contained;
(b) the applicant or recipient who does not live in a city with a population of 1,000,000 or more people that he/she has the right to again apply for public assistance at any time, and, for safety net assistance recipients, that he/she may reapply at least 45 days before the end of the sanction period to ensure restoration of benefits immediately following the applicable sanction period provided that the individual is otherwise eligible for public assistance;
(c) the applicant or recipient who does not live in a city with a population of 1,000,000 or more people of the duration for which he/she will be ineligible for public assistance or for a reduced amount of public assistance in accordance with this section;
(d) the applicant or recipient who lives in a city with a population of 1,000,000 or more people that he/she has the right to apply for public assistance at any time;
(e) the applicant or recipient who lives in a city with a population of 1,000,000 or more people 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 disability were available at the time of the refusal or failure to participate;
(f) the necessary action that must be taken to avoid a pro rata reduction in public assistance benefits and provide the additional information, for applicants or recipients who live in a city with a population of 1,000,000 or more people, that they may avoid a pro rata reduction in public assistance benefits by reengaging in work activities as assigned by the social services district for a minimum of 5 business days but not more than 10 business days; and
(g) that he/she has the right to a fair hearing in accordance with the provisions of Part 358 of this Title.
(3) Refusal of employment.
(i) In determining whether an applicant's or recipient's refusal to accept an offer of employment constitutes refusal or failure to comply without good cause, a social services official shall consider the report of the employment unit or agency through which the job referral was made, pertinent information supplied by the prospective employer, the explanation of the applicant or recipient for not accepting the offer of employment, and any other pertinent evidence.
(ii) An individual is deemed not to have willfully and without good cause refused or failed to comply with employment program requirements, or is deemed to have good cause for refusing an offer of employment in which such person is able to engage, if the evidence shows that:
(a) the job offer was not bona fide;
(b) the salary or wages were less than the minimum required by law, or the conditions of employment were otherwise contrary to law;
(c) child care necessary for an individual to participate is not available in accordance with Part 415 of this Title;
(d) necessary supportive services are unavailable;
(e) a strike, lockout or other public or private industrial controversy was in progress at the place in which employment was offered;
(f) the job would have been hazardous to the applicant's or recipient's life or health, or there was an absence, if appropriate, of workers'compensation;
(g) the place of employment required unreasonable, based on the standards of the community, travel from the applicant's or recipient's home;
(h) child care plans were temporarily disrupted, making it impossible for the applicant or recipient to report as required;
(i) accepting a job would result in a net loss of cash income for the household and the social services district does not make supplemental payments pursuant to section 352.7(m) of this Title to prevent a net loss of cash income;
(j) the assignment or activity is contrary to law;
(k) a personal or family emergency of substantial nature prevents compliance if the participant has notified the social services district with reasonable promptness of his/her inability to comply;
(l) such refusal is caused by circumstances beyond a participant's control.
(iii) The applicant or recipient is responsible for notifying the social services district of the reasons for failing to comply with an employment requirement and for furnishing evidence to support any claim of good cause.
(i) In determining whether an applicant's or recipient's refusal to accept an offer of employment constitutes refusal or failure to comply without good cause, a social services official shall consider the report of the employment unit or agency through which the job referral was made, pertinent information supplied by the prospective employer, the explanation of the applicant or recipient for not accepting the offer of employment, and any other pertinent evidence.
(ii) An individual is deemed not to have willfully and without good cause refused or failed to comply with employment program requirements, or is deemed to have good cause for refusing an offer of employment in which such person is able to engage, if the evidence shows that:
(a) the job offer was not bona fide;
(b) the salary or wages were less than the minimum required by law, or the conditions of employment were otherwise contrary to law;
(c) child care necessary for an individual to participate is not available in accordance with Part 415 of this Title;
(d) necessary supportive services are unavailable;
(e) a strike, lockout or other public or private industrial controversy was in progress at the place in which employment was offered;
(f) the job would have been hazardous to the applicant's or recipient's life or health, or there was an absence, if appropriate, of workers'compensation;
(g) the place of employment required unreasonable, based on the standards of the community, travel from the applicant's or recipient's home;
(h) child care plans were temporarily disrupted, making it impossible for the applicant or recipient to report as required;
(i) accepting a job would result in a net loss of cash income for the household and the social services district does not make supplemental payments pursuant to section 352.7(m) of this Title to prevent a net loss of cash income;
(j) the assignment or activity is contrary to law;
(k) a personal or family emergency of substantial nature prevents compliance if the participant has notified the social services district with reasonable promptness of his/her inability to comply;
(l) such refusal is caused by circumstances beyond a participant's control.
(a) the job offer was not bona fide;
(b) the salary or wages were less than the minimum required by law, or the conditions of employment were otherwise contrary to law;
(c) child care necessary for an individual to participate is not available in accordance with Part 415 of this Title;
(d) necessary supportive services are unavailable;
(e) a strike, lockout or other public or private industrial controversy was in progress at the place in which employment was offered;
(f) the job would have been hazardous to the applicant's or recipient's life or health, or there was an absence, if appropriate, of workers'compensation;
(g) the place of employment required unreasonable, based on the standards of the community, travel from the applicant's or recipient's home;
(h) child care plans were temporarily disrupted, making it impossible for the applicant or recipient to report as required;
(i) accepting a job would result in a net loss of cash income for the household and the social services district does not make supplemental payments pursuant to section 352.7(m) of this Title to prevent a net loss of cash income;
(j) the assignment or activity is contrary to law;
(k) a personal or family emergency of substantial nature prevents compliance if the participant has notified the social services district with reasonable promptness of his/her inability to comply;
(l) such refusal is caused by circumstances beyond a participant's control.
(iii) The applicant or recipient is responsible for notifying the social services district of the reasons for failing to comply with an employment requirement and for furnishing evidence to support any claim of good cause.