2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 9-B - Public Assistance Employment Programs › 341-A - Re-Engagement; Conciliation; Refusal to Participate.

§  341-a.  Re-engagement; conciliation; refusal to participate. 1. The
provisions of this section shall apply to persons who are residents of a
city having a population of one million or more people.
2. (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 and the district has determined that he or she is not  exempt
from  such  requirements  and  has verified that appropriate child care,
transportation, and accommodations for disability were in place  at  the
time  of  such  failure  or  refusal, the social services district shall
issue a re-engagement notice in  plain  language  indicating  that  such
failure  or refusal has taken place and of the right of such participant
to avoid a pro-rata reduction in public assistance benefits through  the
re-engagement  process.  "Re-engagement  process" shall mean the process
through which a participant may avoid a  pro-rata  reduction  in  public
assistance  benefits by agreeing to comply with the requirements of this
title  consistent  with  any  medical  condition  which  may  limit  the
individual's ability to participate in work activities, by notifying the
district  that he or she has become exempt from the requirements of this
title, or by resolving the reasons for such  failure  or  refusal  at  a
conciliation  conference. The notice shall indicate that the participant
has ten days to request re-engagement  with  the  district.  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 and the district has verified
that appropriate  child  care,  transportation  and  accommodations  for
disability were in place at the time of such failure or refusal.
(1)  If  a participant chooses to avoid a pro-rata reduction in public
assistance benefits through a conciliation conference, it  will  be  the
responsibility  of  the  participant to give reasons for such failure or
refusal. The re-engagement 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.  Unless as part of the
re-engagement process the participant does not agree to comply, has  not
become exempt or the district determines as a result of the conciliation
conference  that  such  failure  or refusal was willful and without good
cause, no further action shall be taken.
(2) If the participant does not contact the district within  ten  days
of  the  re-engagement  notice,  the  district  shall  make a finding of
whether the alleged failure or refusal to comply was willful and without
good cause and shall consider any evidence  in  the  possession  of  the
district  indicating  that  the  participant  has  good cause and if the
participant is otherwise participating in work activities,  there  shall
be  no  finding  of  willfulness  without  good  cause based on a single
appointment or infraction.
(b) If the district  determines  that  such  failure  or  refusal  was
willful  and  without  good cause, and that the individual is not exempt
from the requirements of this title,  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, shall verify that appropriate child care, transportation and

accommodations  for disability were in place at the time of such failure
or refusal, and specify the necessary actions  that  must  be  taken  to
avoid  a  pro-rata  reduction  in  public assistance benefits, including
agreeing  to  comply with the requirements of this title consistent with
any medical condition  which  may  limit  the  individual's  ability  to
participate  in work activities or notifying the district that he or she
has become exempt from the requirements of this title and the right to a
fair hearing relating to such discontinuance or reduction.
3. (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.
(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 re-engagement process.
4. When any 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.
5.  Consistent  with  federal  law  and  this title, a social services
district shall provide to those participants whose failure to comply has
continued for thirty days or longer a written reminder of the option  to
end  a  sanction  by  terminating  the failure to comply as specified in
subdivision two of this section.  Such  notice  shall  advise  that  the
participant may immediately terminate the sanction by either agreeing to
comply  with  the requirements of this title consistent with any medical
condition which may limit the individual's  ability  to  participate  in
work  activities  or  notifying  the  district that he or she has become
exempt from the requirements of this title.
6. Consistent with federal law  and  regulation  and  this  title,  no
notice  shall  be issued as specified in subdivision two of this section
unless it has been determined that the individual is not exempt from the
requirements of this title and has  determined  that  appropriate  child
care,  transportation and accommodations for disability were in place at
the time of such failure or refusal to comply with the  requirements  of
this  title  and  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".