10-144-301 Me. Code R. § 100-FS 111-5

Current through 2024-51, December 18, 2024

Section 144-301-100-FS 111-5 - Work Requirements

GENERAL RULE - WORK REGISTRATION

Within 30 days of any application and once every twelve months after being found eligible, each household member not exempt pursuant to subsections 1 through 10, below, must register and maintain an active Maine JobLink account with the Maine Department of Labor and must comply with the provisions of the Responsibilities of Registrants section, below. Registration may be completed online, and may be prepared by someone acting on behalf of, and with consent of, the mandatory registrant.

EXEMPT MEMBERS

An individual is not required to, but may voluntarily, participate, when the household member is:

1. under sixteen, or sixty or over.

2. age sixteen or seventeen and not the principal wage earner, regardless of student status.

3. a student, regardless of age, who is enrolled at least half time in any recognized school, training program, or institution of higher education.

4. working an average of thirty or more hours per week or, if working fewer hours, earning an average of the weekly equivalent of thirty hours at the federal hourly minimum wage.

5. subject to, and complying with, a TANF work requirement.

6. receiving or applying for unemployment benefits.

7. caring for a dependent child under age 6.

NOTE: "Dependent Child" is a child who resides with a parent or stepparent or, in the absence of residing with a parent, a child who resides with an adult who is assuming parental responsibility for the child (see FS 111-1).

8. caring for an incapacitated person who cannot provide his or her own care. The incapacitated person need not live with the Food Supplement household.

9. physically or mentally unable to work thirty or more hours per week. When this is not apparent, or there is contradictory information, a doctor's statement or proof of disability benefits shall be required.

10. a regular participant in a substance abuse treatment and rehabilitation program.

RESPONSIBILITIES OF REGISTRANTS

Work registrants must:

1. when required by these or applicable federal rules, participate in an employment/training program.

2. comply with the work participation requirements of other means-tested public assistance programs, such as TANF/ASPIRE and General Assistance, if the participant is a member of the other program(s) in addition to FS.

3. respond to requests from the Department, the Maine JobLink, and/or a prospective employer about employment status or availability for work.

4. when referred by the Department or its designee, report for suitable employment.

5. accept a bona fide offer of suitable employment.

A job is not suitable for purposes of this section and section 3, above, if:

a. it pays less than the Maine minimum wage.

b. it is dangerous to health or safety.

c. daily commuting time of more than two hours is required, or the distance is unreasonable, considering the wage, commuting time and costs, or lack of transportation.

d. the registrant is physically or mentally unable to do the job.

e. the registrant is required to join or quit a union.

f. there is a strike or lock-out at the work site.

g. it interferes with religious doctrine.

h. when the job is offered within thirty days of the initial registration, it is outside the registrant's major field of experience. A registrant is required to accept an otherwise suitable job when offered after the first thirty days.

DISQUALIFICATION PROVISIONS

When a household member does not comply with a registration requirement and cannot show good cause, that member shall be disqualified.

Start Date of Disqualification - The start date shall be the first of the month after normal procedures for closing or removal of the individual have taken place. Should a fair hearing delay the implementation, the period shall start the first of the month following the decision upholding the agency.

Disqualification Penalties and Ending Disqualification - Unless the member who was in violation becomes exempt for a reason other than TANF or PaS or UIB status, the disqualification period shall continue until the disqualified member complies with all registration requirements and serves a penalty period of at least one month for the first violation, three months for the second violation, and six months for the third violation which occurred 8/22/96 or later.

NOTE: If the person who caused the disqualification joins another household, the penalty follows him.

SPECIAL RULES - TANF AND UIB - When a member who was exempt because of registration in TANF or UIB fails to comply with a work participation requirement, the household shall be treated as though that member violated the FS work requirements.

EXCEPTION: A purely procedural requirement, such as the submitting a monthly report form, shall not be considered a failure to meet work participation requirements.

When the work registrant has failed to comply with the work registration, employment and training, or voluntary quit requirements, a determination of whether or not good cause existed shall be made. All facts and circumstances shall be considered, including information submitted by the household member and the employer.

Good cause shall include circumstances beyond the member's control, such as, but not limited to illness, illness of another household member requiring the presence of the member, a household emergency, the unavailability of transportation or the lack of adequate child care for children between six and twelve years of age.

GENERAL RULE - EMPLOYMENT AND TRAINING Mandatory work registrants must accept referral to the appropriate Food Supplement Employment and Training Program (FSET) or FSET contracted agency. (Eff. 10/1/14)

RESPONSIBILITIES OF REGISTRANT - Those persons referred must comply with requirements set forth in the Food Supplement Employment and Training Plan detailed in Chapter 609, FSET rules.

Persons with substantial barriers to participation may be excused from participation by FSET or the FSET contracted agency.

RESPONSIBILITIES OF FSET OR FSET CONTRACTED AGENCY - Each registrant who is referred shall be advised of the participation requirements, what constitutes noncompliance, and the consequences of noncompliance.

When FSET or FSET contracted agency determines that a mandatory registrant has failed, without cause, to comply, the OFI shall be notified. Appropriate disqualification action shall be started within ten working days after receiving the notice of noncompliance.

In the event of a fair hearing, a FSET or FSET contracted agency representative, as well as an OFI representative, shall represent the Department.

DISQUALIFICATION PROVISIONS - Same as for violation of any work requirement.

GOOD CAUSE PROVISIONS - Same as for any work requirement.

10-144 C.M.R. ch. 301, § 100-FS 111-5