New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 4 - Services to Individuals › Part 385 - Public Assistance And Food Stamp Employment Program Requirements › Section 385.11 - Conciliation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Conciliation
			 for refusal or failure to comply with public assistance work requirements for
			 individuals not living in a city with a population of one million or more
			 people.
(1) The social services official
			 shall issue a conciliation notice to any applicant for or recipient of public
			 assistance who has refused or failed to comply with the requirements of this
			 Part. However, no notice of conciliation shall be issued to: an applicant
			 deemed ineligible for public assistance pursuant to section
			 385.2(c)(1) 
			 of this Part; an applicant who is ineligible for public assistance pursuant to
			 section
			 385.6(a)(7)(i) 
			 of this Part; an applicant who is ineligible for public assistance pursuant to
			 section
			 385.7(a)(7)(i) 
			 of this Part; or an applicant who is ineligible for public assistance pursuant
			 to section
			 385.9(e)(5) 
			 of this Part.
(2) Such notice
			 shall:
(i) indicate that a refusal or failure
			 to participate has occurred;
(ii)
			 indicate the specific instance or instances of willful refusal or failure to
			 comply without good cause with the requirements of this Title;
(iii) indicate that the individual has a
			 right to provide reasons for such refusal or failure to participate;
(iv) include an explanation of what
			 constitutes good cause for non-compliance and acceptable forms of evidence that
			 may warrant an exemption from work requirements including, but not limited to,
			 evidence of domestic violence, and/or physical and/or mental health conditions.
			 Such evidence may be provided at the conciliation conference;
(v) include the necessary actions that must
			 be taken to avoid a pro rata reduction in public assistance benefits;
			 and
(vi) indicate that, in the case
			 of an applicant for or recipient of family assistance, the individual shall
			 have 10 calendar days from the date of the conciliation notice to request a
			 conciliation, and in the case of an applicant for or recipient of safety net
			 assistance, 7 calendar days from the date of the conciliation notice to request
			 conciliation.
(3) If the
			 individual does not contact the social services official within the periods set
			 forth in paragraph (2) of this subdivision, the social services official shall
			 issue a notice of denial or a 10-day notice of intent to discontinue or reduce
			 public assistance. Such notice shall:
(i) be
			 designed by the office; provided, however, that the social services official
			 may submit for approval a local equivalent form which meets the requirements of
			 this paragraph;
(ii) indicate the
			 specific instance or instances of willful refusal or failure to comply without
			 good cause with the work requirements of this Part;
(iii) indicate the necessary actions that
			 must be taken to avoid a pro rata reduction in public assistance benefits;
			 and
(iv) include a statement,
			 approved by the commissioner and in accordance with the provisions of Part 358
			 of this Title, indicating that the individual has the right to a fair hearing
			 related to such denial, discontinuance or reduction.
(4) If the individual contacts the social
			 services official within the periods set forth in paragraph (2) of this
			 subdivision, the individual shall be responsible for providing the social
			 services official with reasons for his or her refusal or failure to comply.
(i) If the social services official
			 determines that the individual's refusal or failure to comply was willful and
			 without good cause, the social services official shall issue a 10-day notice
			 pursuant to the requirements of paragraph (3) of this subdivision.
(ii) If the social services official
			 determines that the individual's refusal or failure to comply was not willful
			 or was with good cause, the conciliation procedure shall
			 terminate.
(5) The
			 conciliation period shall last no longer than 14 calendar days from the date on
			 which an applicant for or recipient of safety net assistance requests
			 conciliation, and no longer than 30 calendar days from the date of the
			 conciliation notice issued to an applicant for or recipient of family
			 assistance, unless the individual and the social services official agree that
			 the conciliation period should last longer.