N.Y. Social Services Law § 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.