Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 301 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RULES › FS-1 and FS-100's › 100 - INTRODUCTION; GENERAL PROGRAM REQUIREMENTS/NONFINANCIAL ELIGIBILITY FACTORS › Section 144-301-100-FS 111-5 - Work Requirements

Current through 2024-29, July 17, 2024
GENERAL RULE
-
WORK
						REGISTRATION
Within 30 days of any application and once every twelve
						months after being found eligible, each household member not exempt pursuant to
						subsections
						1 through
						10, below, must register
						and maintain an active Maine JobLink account with the Maine Department of Labor
						and must comply with the provisions of the Responsibilities of Registrants
						section, below. Registration may be completed online, and may be prepared by
						someone acting on behalf of, and with consent of, the mandatory
						registrant.
EXEMPT MEMBERS
An individual is not required to, but may voluntarily,
						participate, when the household member is:
1. under sixteen, or sixty or over.
2. age sixteen or seventeen and not the
					 principal wage earner, regardless of student status.
3. a student, regardless of age, who is
					 enrolled at least half time in any recognized school, training program, or
					 institution of higher education.
4.
					 working an average of thirty or more hours per week or, if working fewer hours,
					 earning an average of the weekly equivalent of thirty hours at the federal
					 hourly minimum wage.
5. subject to,
					 and complying with, a TANF work requirement.
6. receiving or applying for unemployment
					 benefits.
7. caring for a dependent
					 child under age 6.
NOTE
: "Dependent Child" is a child who
						resides with a parent or stepparent or, in the absence of residing with a
						parent, a child who resides with an adult who is assuming parental
						responsibility for the child (see FS 111-1).
8. caring for an incapacitated person who
					 cannot provide his or her own care. The incapacitated person need not live with
					 the Food Supplement household.
9.
					 physically or mentally unable to work thirty or more hours per week. When this
					 is not apparent, or there is contradictory information, a doctor's statement or
					 proof of disability benefits shall be required.
10. a regular participant in a substance
					 abuse treatment and rehabilitation program.
RESPONSIBILITIES OF REGISTRANTS
Work registrants must:
1. when required by these or applicable
					 federal rules, participate in an employment/training program.
2. comply with the work participation
					 requirements of other means-tested public assistance programs, such as
					 TANF/ASPIRE and General Assistance, if the participant is a member of the other
					 program(s) in addition to FS.
3.
					 respond to requests from the Department, the Maine JobLink, and/or a
					 prospective employer about employment status or availability for
					 work.
4. when referred by the
					 Department or its designee, report for suitable employment.
5. accept a bona fide offer of suitable
					 employment.
A job is not suitable for purposes of this section and
						section 3, above, if:
a. it pays less
					 than the Maine minimum wage.
b. it
					 is dangerous to health or safety.
c. daily commuting time of more than two
					 hours is required, or the distance is unreasonable, considering the wage,
					 commuting time and costs, or lack of transportation.
d. the registrant is physically or mentally
					 unable to do the job.
e. the
					 registrant is required to join or quit a union.
f. there is a strike or lock-out at the work
					 site.
g. it interferes with
					 religious doctrine.
h. when the job
					 is offered within thirty days of the initial registration, it is outside the
					 registrant's major field of experience. A registrant is required to accept an
					 otherwise suitable job when offered after the first thirty days.
DISQUALIFICATION PROVISIONS
When a household member does not comply with a
						registration requirement and cannot show good cause, that
member
shall be disqualified.
Start Date of Disqualification
- The start
						date shall be the first of the month after normal procedures for closing or
						removal of the individual have taken place. Should a fair hearing delay the
						implementation, the period shall start the first of the month following the
						decision upholding the agency.
Disqualification Penalties and Ending
						Disqualification
- Unless the member who was in violation becomes exempt
						for a reason other than TANF or PaS or UIB status, the disqualification period
						shall continue until the disqualified member complies with all registration
						requirements
and
serves a penalty period of at least one month for
						the first violation, three months for the second violation, and six months for
						the third violation which occurred 8/22/96 or later.
NOTE:
If the person who caused the
						disqualification joins another household, the penalty follows him.
SPECIAL RULES - TANF AND UIB
- When a member
						who was exempt because of registration in TANF or UIB fails to comply with a
						work participation requirement, the household shall be treated as though that
						member violated the FS work requirements.
EXCEPTION
: A purely procedural requirement,
						such as the submitting a monthly report form, shall not be considered a failure
						to meet work participation requirements.
When the work registrant has failed to comply with the
						work registration, employment and training, or voluntary quit requirements, a
						determination of whether or not good cause existed shall be made. All facts and
						circumstances shall be considered, including information submitted by the
						household member and the employer.
Good cause shall include circumstances beyond the
						member's control, such as, but not limited to illness, illness of another
						household member requiring the presence of the member, a household emergency,
						the unavailability of transportation or the lack of adequate child care for
						children between six and twelve years of age.
GENERAL RULE
- EMPLOYMENT AND TRAINING
						Mandatory work registrants must accept referral to the appropriate Food
						Supplement Employment and Training Program (FSET) or FSET contracted agency.
						(Eff. 10/1/14)
RESPONSIBILITIES OF REGISTRANT
- Those
						persons referred must comply with requirements set forth in the Food Supplement
						Employment and Training Plan detailed in Chapter 609, FSET rules.
Persons with substantial barriers to participation may be
						excused from participation by FSET or the FSET contracted agency.
RESPONSIBILITIES OF FSET OR FSET CONTRACTED AGENCY
- Each registrant who is referred shall be advised of the participation
						requirements, what constitutes noncompliance, and the consequences of
						noncompliance.
When FSET or FSET contracted agency determines that a
						mandatory registrant has failed, without cause, to comply, the OFI shall be
						notified. Appropriate disqualification action shall be started within ten
						working days after receiving the notice of noncompliance.
In the event of a fair hearing, a FSET or FSET contracted
						agency representative, as well as an OFI representative, shall represent the
						Department.
DISQUALIFICATION PROVISIONS
- Same as for
						violation of any work requirement.
GOOD CAUSE PROVISIONS
- Same as for any work
						requirement.