N.Y. Comp. Codes R. & Regs. tit. 18 § 385.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 385.11 - Conciliation

(a) Conciliation for refusal or failure to comply with public assistance work requirements for individuals not living in a city with a population of one million 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 calendar 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.

(b) Reengagement/conciliation; refusal to participate with public assistance work requirements for individuals living in a city with a population of one million 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;

(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 five 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 five 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 five business days but not more than 10 business days, the reengagement/conciliation procedure shall terminate.

(5) The reengagement/conciliation period shall last no longer than 30 calendar days from the date of the conciliation notice issued to a public assistance applicant or recipient, unless the social services official extends the conciliation period based on case specific circumstances.

(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.

(c) Conciliation for the grievances of individuals assigned to public assistance work activities.

(1) The social services official must establish a conciliation procedure for the resolution of grievances initiated by individuals assigned to work activities.

(2) In establishing such procedure, the social services official must:

(i) enter into an agreement with an independent entity;

(ii) employ district staff at a supervisory level who are trained in mediation and who have no direct responsibility for an individual's case; or

(iii) designate supervisory staff, who need not be trained in mediation and who have no direct responsibility for an individual's case to serve as mediators for such grievances.

(3) Such procedure must afford the individual an opportunity to dispute an assignment to a public assistance work activity made in accor- dance with the provisions of this Part.

(4) The social services official shall provide for at least one meeting which includes the individual, appropriate social services staff and the mediator. Such meeting shall occur within 30 days of the day on which the individual submitted a grievance in writing to the social services official.

(5) No sanction relating to the subject dispute shall be imposed during the conciliation process, which shall begin on the day on which the individual submitted a grievance in accordance with the provisions of this subdivision and shall end on the day upon which written notice has been provided to the individual which indicates the results of the conciliation.

(6) If the individual's grievance is not resolved through conciliation, the individual shall be informed of the right to a fair hearing. Notwithstanding such right to a fair hearing, the individual shall be required to participate in work activities as assigned in accordance with the requirements of this Part during the adjudication process.

(d) Conciliation for refusal or failure to comply with Supplemental Nutrition Assistance Program (SNAP) work requirements.

(1) The social services official shall issue a conciliation notice to a SNAP recipient who has failed or refused to comply with SNAP work requirements.

(2) Such notice shall:

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

(ii) indicate that the individual has a right to provide reasons for such failure or refusal to participate;

(iii) indicate that the individual has a right to avoid a reduction or discontinuance in SNAP benefits by timely demonstrating compliance with SNAP work requirements as determined by the social services district; and

(iv) indicate that the individual shall have 10 calendar days from the date of the notice to request a conciliation and/or an opportunity to timely demonstrate compliance with SNAP work requirements.

(3) If the individual does not contact the social services official within the time period set forth in paragraph (2) of this subdivision and provide a good cause reason for his or her failure or refusal to comply with SNAP work requirements, document an exemption from work requirements, or timely demonstrate compliance with SNAP work requirements, the social services official shall issue a 10-day notice of intent to discontinue or reduce SNAP benefits.

(4) If the individual does contact the social services official within the time period set forth in paragraph (2) of this subdivision, the individ- ual shall be responsible for providing the social services official with reasons for his or her failure or refusal to comply, and may be required to produce documentation establishing such reasons as determined neces- sary by the social services district.

(i) If the social services official determines that the individual's failure or refusal to comply was with good cause, the conciliation proce- dure shall terminate.

(ii) If the social services official determines that the individual's failure or refusal to comply was without good cause, the social services official shall issue a 10-day notice of intent to discontinue or reduce SNAP benefits pursuant to paragraph (3) of this subdivision, unless the individ- ual demonstrates compliance pursuant to paragraph (5) of this subdivision.

(5) Regardless of whether the individual provides reason for his or her failure to participate in SNAP work requirements, should the individ- ual demonstrate compliance with SNAP work requirements as assigned and in the timeframe established by the social services district, then the conciliation procedure shall terminate.

(6) The conciliation period shall last no longer than 30 calendar days from the date of the conciliation notice, unless the social services of- ficial determines that the conciliation period should last longer.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 385.11

Amended, New York State Register December 3, 2014/Volume XXXVI, Issue 48, eff.12/29/2014

Amended New York State Register January 9, 2019/Volume XLI, Issue 02, eff. 1/15/2019