NY Soc Serv L § 341 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 9-B - Public Assistance Employment Programs 341 - Conciliation; Refusal to Participate.

§  341.  Conciliation;  refusal to participate. 1. (a) Consistent with federal law and regulations and this title, if a participant has  failed or  refused  to  comply  with the requirements of this title, the social services district shall issue a notice in plain language indicating that such failure or refusal has  taken  place  and  of  the  right  of  such participant  to  conciliation to resolve the reasons for such failure or refusal to avoid a pro-rata reduction in public assistance benefits  for a  period  of  time set forth in section three hundred forty-two of this title. The notice shall indicate the specific instance or  instances  of willful  refusal  or  failure  to  comply  without  good  cause with the requirements of this title and the necessary actions that must be  taken to  avoid a pro-rata reduction in public assistance benefits. The notice shall  indicate  that  the  participant  has  seven  days   to   request conciliation  with the district regarding such failure or refusal in the case of a safety net participant and ten days in the case  of  a  family assistance  participant. The notice shall also include an explanation in plain language of what would constitute good  cause  for  non-compliance and  examples  of  acceptable  forms  of  evidence  that  may warrant an exemption from work activities, including evidence of domestic violence, and physical or mental health limitations that may be  provided  at  the conciliation  conference  to  demonstrate such good cause for failure to comply with the requirements of this title. If the participant does  not contact  the  district within the specified number of days, the district shall  issue  ten  days  notice  of  intent  to  discontinue  or  reduce assistance, pursuant to regulations of the department. Such notice shall also  include  a  statement of the participant's right to a fair hearing relating to  such  discontinuance  or  reduction.  If  such  participant contacts  the  district  within  seven  days in the case of a safety net participant or within ten days  in  the  case  of  a  family  assistance participant,  it  will  be the responsibility of the participant to give reasons for such failure or refusal.  (b) Unless the district determines as a result  of  such  conciliation process  that  such  failure or refusal was willful and was without good cause, no further action shall be taken. If the district determines that such failure or refusal was willful and without good cause, the district shall notify such participant in writing, in plain  language  and  in  a manner  distinct from any previous notice, by issuing ten days notice of its intent to  discontinue  or  reduce  assistance.  Such  notice  shall include  the  reasons  for  such determination, the specific instance or instances of willful refusal or failure to  comply  without  good  cause with  the requirements of this title, the necessary actions that must be taken to avoid a pro-rata reduction in public assistance  benefits,  and the  right  to  a  fair  hearing  relating  to  such  discontinuance  or reduction. Unless extended by mutual agreement of  the  participant  and the  district, conciliation shall terminate and a determination shall be made within fourteen days of the date a request for conciliation is made in the case of a safety net participant or within  thirty  days  of  the conciliation notice in the case of a family assistance participant.   2.  (a)  The  department  shall establish in regulation a conciliation procedure for the resolution of  disputes  related  to  an  individual's participation in programs pursuant to this title.  (b)  The  district shall contract with an independent entity, approved by the  department,  or  shall  use  designated  trained  staff  at  the supervisory   level   who   have   no   direct  responsibility  for  the participant's case to mediate disputes in the  conciliation  conference. If  no  such  supervisory  staff or independent entity is available, the district may designate another trained individual,  who  has  no  direct  responsibility  for  the  participant's  case to mediate disputes in the conciliation conference.  (c)  If  a  participant's  dispute  cannot  be  resolved  through such conciliation procedure, an opportunity  for  a  fair  hearing  shall  be provided.  No  sanction  relating  to the subject dispute may be imposed during the conciliation process.   3. When any family assistance participant required to  participate  in work  activities  fails to comply with the provisions of this title, the social services district  shall  take  such  actions  as  prescribed  by appropriate federal law and regulation and this title.   4.  When  any  safety  net participant required to participate in work activities fails to comply with the provisions of this title, the social services  district  shall  deny  assistance  to  such   participant   in accordance with section three hundred forty-two of this title.   5.  (a)  To  the  extent  that federal law requires, a social services district shall provide to those  family  assistance  participants  whose failure  to  comply  has  continued for three months or longer a written reminder of the option to end a sanction after  the  expiration  of  the applicable  minimum sanction period by terminating the failure to comply as specified in subdivision three of this  section.  Such  notice  shall advise  that  the  participant  may  immediately  terminate the first or second sanction by participating in the program or accepting  employment and  that  any  subsequent sanction after six months have elapsed may be terminated by participating in the program or accepting employment.  (b) A social services district  shall  provide  to  those  safety  net participants whose failure to comply has continued for the length of the sanction  period  or  longer  a  written reminder of the option to end a sanction after the expiration of the applicable minimum sanction  period by terminating the failure to comply as specified in subdivision four of this section.   6.  Consistent  with  federal  law  and regulation, no action shall be taken pursuant to this section for failure to participate in the program or refusal to accept employment if:  (a) child care for a child under age thirteen (or  day  care  for  any incapacitated  individual  living in the same home as a dependent child) is necessary for an individual to participate or continue  participation in  activities pursuant to this title or accept employment and such care is not available and the social services district fails to provide  such care;  (b)  (1)  the employment would result in the family of the participant experiencing a net loss of cash income; provided, however, a participant may not claim good cause under this paragraph  if  the  social  services district  assures that the family will not experience a net loss of cash income by making a supplemental payment;  (2) net loss of cash income results if the family's gross income  less necessary  work-related  expenses  is  less than the cash assistance the participant was receiving at the time the offer of employment  is  made; or  (c)  the  participant  meets other grounds for good cause set forth by the department in its implementation plan for this  title  which,  at  a minimum, must describe what circumstances beyond the household's control will constitute "good cause".   7.  The  provisions of this section shall not apply to persons who are residents of a city having a population of one million or more people.