2023 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.