Okla. Admin. Code § 340:50-5-94

Current through Vol. 42, No. 7, December 16, 2024

Section 340:50-5-94 - Penalty for voluntary quit

When an adult household member quits a job of at least 30 hours a week or the equivalent of the federal minimum wage multiplied by 30 hours or reduces his or her work effort, per Oklahoma Administrative Code (OAC) 340:50-5-89 without good cause, the actions described in this Section are taken, per Section 273.7(j) of Title 7 of the Code of Federal Regulations ( 7 C.F.R. § 273.7(j) ).

(1)Applicant household. When a household member of an applicant household is subject to the voluntary quit provision, the worker does not include the person in the food benefits. The person is disqualified from food benefits for a period of 90-calendar days effective from the date the remaining household members are approved for food benefits, per 7 C.F.R. § 273(j)(3)(vi). When the person subject to voluntary quit is the only member of the applicant household, the worker denies the food benefit application. The person's disqualification period starts effective the date the denial notice issues.

(2)Participating household. When the worker determines that a member of a participating household voluntarily quit a job or reduced his or her work effort without good cause after certification, the worker removes the household member from the food benefit or closes a one-person household's food benefits effective the first day of the month following the next advance-notice effective date, per Appendix B-2, Deadlines for Case Actions, and issues a 10-calendar day advance-notice. The disqualification period runs continuously for three months beginning with the month the adverse action is effective unless the household requests a fair hearing, per (4) of this Section or eligibility is reestablished, per (5) of this Section.

(3)Households with special circumstances.

(A)Voluntary quit or reduction in work effort occurs or is discovered in the last month of certification. When a voluntary quit or reduction in work effort occurs or is discovered in the last month of a certification period, the household reapplies for food benefits, and the person subject to a voluntary quit penalty is:

(i) a one-person household, the worker denies the certification renewal. The person is disqualified for three months beginning the day after the last certification period ends or until eligibility is reestablished, per (5) of this Section; or

(ii) a member of the household containing other household members, the worker disqualifies the person subject to voluntary quit for three months or until eligibility is reestablished, per (5) of this Section.

(B)Disqualified person changes households. Persons disqualified for quitting a job or reducing their work effort carry their disqualification with them when they join a new household.

(C)Application filed in third month of disqualification period. When a one-person household files an application in the third-calendar month of the 90-calendar day or three- month disqualification period and all eligibility criteria are met, the worker denies food benefits for the application month and certifies the household beginning the first day after the disqualification period ends. When a household containing more than one household member files a certification renewal and the new certification period is effective the first day of the last month of the disqualified person's disqualification period, the worker does not include the disqualified person until the disqualification period ends.

(4)Fair hearings. Each household has a right to request a fair hearing to appeal a benefit denial, closure, or reduction in food benefits due to a voluntary quit determination. When the participating household's benefits are continued pending a fair hearing and the hearing decision upholds the voluntary quit determination, the disqualification period begins the first month after the hearing decision is rendered.

(5)Ending a voluntary quit disqualification. Eligibility may be reestablished during a disqualification period and the household member, when otherwise eligible, may resume participation when the member, who caused the disqualification becomes exempt from the work registration requirements, per OAC 340:50-5-86.

Okla. Admin. Code § 340:50-5-94

Amended at 9 Ok Reg 3843, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1821, eff 5-13-93; Amended at 10 Ok Reg 4851, eff 9-8-93 (preemptive); Amended at 18 Ok Reg 2079, eff 7-1-01; Amended at 27 Ok Reg 1241, eff 6-1-10

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019