Section 1-4 - POWER Program Rights (a) The applicant has a right to apply for POWER: - (ii) On the prescribed form(s) obtained in person, electronically or by mail;
- (iii) During regular business hours; and
- (iv) In the county of residence.
(b) The applicant/recipient has a right to be accompanied at interviews and assisted by any person(s) of her/his choice.
(c) The applicant/recipient has a right to have the application and other personally identifiable information maintained confidential as provided by law. - (i) The family or individual shall sign a release of information:
- (A) Prior to pertinent information being released for an administrative hearing or before responding to requests for information from a government authority or the courts.
- (B) Prior to the CM requesting or sharing information relating to the POWER work program performance requirements and prior to requiring attendance at group activities.
(d) The applicant/recipient has a right to: - (i) Be informed about the eligibility factors and the performance requirements which shall be met in order to receive a performance payment each month.
- (ii) Be informed about the responsibilities of applicants/recipients.
- (iii) Withdraw the application for POWER.
- (iv) Adequate notice of the decision on the application, on a request for work activity expenditure or any adverse action.
- (v) Claim good cause to allow exclusion from cooperation with child support requirements.
- (vi) Receive continued child support services with no application or fee following termination from POWER.
- (vii) Apply for child support services for a fee when a POWER application is denied.
- (viii) Request information as to the child support collection status, a review of her/his child support case and to request the child support order be amended to reflect the current situation of the child(ren) and her/his parent(s).
- (ix) Be informed of the right to request an administrative hearing within 30 days from the date of notice of an adverse action.
- (A) The performance payment shall not be authorized pending the administrative hearing decision.
- (B) The following administrative hearing processes shall apply:
- (I) W.S. 16-3-107 through 16-3-112;
- (II) The Office of Administrative Hearing Rules for Contested Case and Procedure Before the Office of Administrative Hearings; and
- (III) The Department of Family Services Rules for Contested Case Hearing Procedures, Chapter 1.
- (x) The applicant/recipient has the right to reapply following denial or termination of the performance payment.
(e) Specific clients have the following rights: - (i) An emancipated minor or parent age 18 and over shall apply on her/his own behalf and cannot be included in her/his parent's unit, even if living in her/his parent's household.
- (ii) Native American and other minority clients have the right to equal access to POWER services even when the services are available under a tribal program funded through the TANF block grant.
- (iii) Employees not receiving POWER have the right to an administrative hearing if they believe they were displaced or replaced by a POWER applicant/recipient in the following situations:
- (A) When on layoff from the same or any substantially equivalent job; or
- (B) When terminated from the employment as a result of an involuntary reduction in workforce in order to fill the vacancy with a POWER applicant/recipient in an assigned work activity.
- (iv) Any applicant who is unlawfully in the U.S. has the right to be informed DFS will report her/his address and other identifying information to INS.