(a)

1. (1) The purpose of the noncompliance process is to encourage the participant to comply with the work activity requirement.
2. (2) It is expected this process will assist the participant in successfully reaching the goal of full-time employment while safeguarding the health and wellbeing of the children.

(b) Defining failure to comply. Failure to comply occurs when a person who is required to participate in the program:

1. (1) Fails to participate in a work activity;
2. (2) Refuses to accept employment;
3. (3) Terminates employment without good cause; or
4. (4) Otherwise fails to comply with his or her employment plan.

(c) Good cause.

1. (1)

   1. (A) The noncompliance process will be stopped if the participant demonstrates that he or she had good cause for not complying.
   2. (B) The determination of good cause is a local office decision.

2. (2) Good cause for failure to comply will be found to exist if:

   1. (A) The participant is the parent or other relative personally providing care for a child under age six (6) years and child care is not available;
   2. (B) Child care, or day care for any incapacitated individual living in the same home as a dependent child, is necessary for a participant to engage in a work requirement or continue in the program or to accept employment and such care is not available;
   3. (C) Transportation is unavailable;
   4. (D) The working conditions would be a risk to the participant’s health or safety;
   5. (E) The worksite is only available because of a labor dispute;
   6. (F) The participant was subject to discriminatory practices based on:

(i) Age;

1. (ii) Sex;

   1. (iii) Race;

      1. (iv) Religion;
      2. (v) Disability;
      3. (vi) Political affiliation;
      4. (vii) Veteran status;
      5. (viii) Color; or
      6. (ix) National origin;
   2. (G) The offer of employment is not a specific job at a stated wage that meets the federal minimum wage; or

   3. (H) The failure to participate was due to events beyond the participant’s control, which include, but are not limited to:

      1. (i) Inclement weather;
      2. (ii) Family emergency;
      3. (iii) Natural disaster;
      4. (iv) A short-term illness that temporarily prevents employment; or
      5. (v) Mail loss.
      6. (d) Determining good cause. Once failure to comply with transitional employment assistance (TEA) work requirements has been established, the Program Eligibility Specialist will:

2. (1)

   1. (A) Contact the participant to give him or her an opportunity to explain why he or she failed to comply and make a determination of good cause, if appropriate.
   2. (B) This contact should be in writing, i.e., TEA-1.
   3. (C) If the contact is made by phone or face-to-face, the case record must be documented accordingly.

   4. (D) The Program Eligibility Specialist should provide the participant, at a minimum, the following information:

      1. (i) The specific act of noncompliance;
      2. (ii) A reasonable time, e.g., ten (10) days if contacting the participant by mail, to establish good cause prior to applying the sanction;
      3. (iii)

(a) (a) If the sanction is imposed, it will result in the cash assistance payment being:

1. (1) (1) Suspended;
2. (2) (2) Reduced; or
3. (3) (3) Terminated.

(b) (b) Note. Suspended is defined as a period in which the family’s financial assistance shall be held pending compliance, after which the family’s assistance may be:

1. (1) (1) Reduced;
2. (2) (2) Lost; and/or

3. (3) (3) Paid at the regular grant amount; and

   1. (iv) That the sanction months in which benefits are received will continue to count toward the individual’s twelve-month time limit;

4. (2)

   1. (A) Make a determination as to whether or not a good cause exists.

   2. (B)

      1. (i) If the participant contacts the local office and good cause is determined to exist, then:

(b) (b) The participant will be rescheduled for an appropriate activity.

1. (ii) Note. Any time a participant meets a deferral reason, the noncompliance process will be stopped.

   1. (C)

      1. (i) If good cause does not exist but the participant states a willingness to cooperate, the participant will be required to engage in an appropriate activity for a period of two (2) weeks.
      2. (ii) If the participant does not satisfactorily complete the two (2) weeks of participation, then the noncompliance sanction process will proceed.
      3. (iii) Note.

(b) (b) However, it is not necessary to formally provide the person with an opportunity to show he or she had good cause in this situation;

1. (3)

   1. (A) In the event good cause is not established and the participant does not state a willingness to cooperate, the cash assistance payment will be suspended, reduced, or terminated in accordance with the noncompliance sanction.
   2. (B) Refer to 20 CAR § 503-225; and
2. (4) An adequate notice, Form TEA-1421, Notice of Work Activity Non-Compliance Sanction, will be sent to the participant advising that a sanction is being imposed.