5812.1A non-exempt TANF customer (Customer) is required to comply with his or her negotiated TANF Individual Responsibility Plan (IRP) as approved by the Director or his or her designee, or meet his or her work requirements, as set forth in D.C. Official Code §§ 4-205.19 b and 4-205.19d (2012 Repl.). DHS shall impose the appropriate graduated sanction on Customers who are in non-compliance with this requirement, as defined in § 5812.3, without good cause.
5812.2TANF customers are assigned to a TANF Service Provider (Provider) with whom the Customer communicates with in regards to his or her efforts to work on and achieve the goals set out in their approved IRP. Providers shall report at least monthly to DHS each Customer's level of participation in working on their IRP. Providers shall report to DHS whether the Customer is:
(b) Partially participating and making efforts to improve their participation;(c) Participating at consistently low levels of participation and not working to improve their participation; or(d) Completely non-participating.5812.3"Non-compliance" for purposes of § 5812.1 is defined as either participating at a consistently low level of participation and not working to improve his or her participation for at least eight (8) consecutive weeks or completely non-participating for at least four (4) consecutive weeks, as determined by the Department following the review required by § 5812.5.
5812.4For any Customer who is at risk of non-compliance as defined in § 5812.3, the Provider shall:
(a) Reach out and make efforts to engage and support the Customer in becoming compliant by making at least three (3) attempts through at least two (2) different methods to contact the Customer at his or her last known address or phone number; and(b) Document the steps that the Provider took to help the Customer meet the requirements of § 5812.1.5812.5When a Provider notifies DHS that a Customer has consistently low levels of participation and is not working to improve his or her participation for at least eight (8) weeks or is completely non-participating for at least four (4) weeks, DHS shall conduct a review of all relevant information to determine whether there exists any known basis for an exemption or good cause reason for non-compliance. Information to be reviewed shall include the Provider's outreach and engagement efforts, DHS records, and other relevant records and information available to DHS.
5812.6If upon completion of the DHS review required by § 5812.5, DHS determines that a Customer is non-compliant as defined by § 5812.3 and at risk of a sanction, DHS shall send a written notice to the Customer's last known address. The notice shall state:
(a) That the Customer is non-compliant with the requirements of § 5812.1 and is at risk of a sanction;(b) The basis for non-compliance, including the specific dates and facts surrounding the Customer's non-compliance;(c) The level of sanction that will be imposed, the date the sanction will be imposed, and the consequences of the sanction;(d) That the Customer can avoid the sanction by: (1) Re-engaging in accordance with their IRP by participating in the activities and meeting the requirements of the IRP for four (4) consecutive weeks prior to the effective date of the sanction;(2) Re-negotiating their IRP one (1) time before the sanction becomes effective, provided the renegotiated plan addresses a factor that prevented the Customer from meeting the requirements of § 5812.1; or(3) Demonstrating that the Customer is in compliance because he or she: (A) Met the requirements of § 5812.1 for at least one (1) calendar month prior to the effective date of a proposed sanction;(B) Provided documentation of a good cause reason for non-compliance due to absence, in accordance with 29 DCMR § 5810.3, to his or her Provider or the DHS Office of Work Opportunity, TANF Connections Unit, within ten (10) business days of the absence;(C) Provided documentation of an exemption, in accordance with 29 DCMR § 5809, to his or her Provider or the DHS Office of Work Opportunity, TANF Connections Unit, within ten (10) business days of the absence; or(D) Provided documentation that the Customer met the requirements of § 5812.1 during the period of non-compliance to his or her Provider or the DHS Office of Work Opportunity, TANF Connections Unit within thirty (30) calendar days after the day the work activity was completed, with the exception of pay stubs, which shall be accepted within thirty (30) days of payment;(e) That the Provider is available to help the Customer meet the requirements of § 5812.1; and(f) The name, address, phone, and fax number of the Provider and person to contact for questions.5812.7When a Customer fails to come into compliance with the requirements of § 5812.1, despite Provider outreach and engagement efforts required by § 5812.4 and the DHS notice to him or her as required by § 5812.6, DHS shall provide advance written notice to the Customer that a sanction shall be imposed. This notice shall be provided in accordance with D.C. Official Code § 4-205.55 (2008 Repl.).
5812.8When a Customer fails to meet the requirements of § 5812.1, DHS shall impose a graduated system of sanctions, which consist of the following three (3) levels:
(a) Level One: a twenty percent (20%) reduction in the assistance unit's TANF benefits as determined in accordance with D.C. Official Code § 4-205.52 (2012 Repl., is applied when a Customer fails to meet the requirements of § 5812.1;(b) Level Two: a fifty percent (50%) reduction in the assistance unit's TANF benefits as determined in accordance with D.C. Official Code § 4-205.52 (2012 Repl., is applied when a Customer fails to meet the requirements of § 5812.1 a second time; and(c) Level Three: a full family sanction lasting at least one (1) month is applied when a Customer fails to meet the requirements of § 5812.1 a third time. To receive TANF benefits following a full family sanction, a Customer must complete an updated assessment, re-negotiate their IRP, and meet the requirements of § 5812.12. If the Customer fails to meet the requirements of § 5812.12 within twelve (12) months, the TANF case shall be terminated. DHS shall provide advance written notice to the Customer that the TANF case shall be terminated. This notice shall be provided in accordance with D.C. Official Code § 4-205.55 (2012 Repl.).5812.9Before a Customer is subject to any level of sanction set forth in § 5812.8, the requirements of § 5812.4, 5812.5, 5812.6 and 5812.7 must be completed.
5812.10Any Customer who, after completing at least six (6) months compliance with their IRP following any level of sanction, fails to comply with § 5812.1 an additional time, shall initially be subject to the Level One sanction, as if they had not previously been sanctioned.
5812.11A Customer subject to sanction shall have the right to appeal a sanction through an administrative review and a fair hearing, pursuant to D.C. Official Code §§ 4-210.01, et seq. (2008 Repl.). The Customer has the right to appeal the sanction on the following grounds:
(a) The Customer timely submitted hard copy documentation to his or her Provider or DHS that supports: (1) A good cause reason for non-compliance in accordance with § 5810.3;(2) An exemption from work participation requirements in accordance with § 5809; or(3) Compliance with the requirements of § 5812.1 during the period of non-compliance; and(4) The Customer's Provider or DHS did not act on or approve documentation provided;(b) The Customer has a good cause reason for failing to provide such documentation; or(c) The Provider or DHS failed to meet the due process requirements under this section.5812.12The Level One, Level Two, or Level Three sanctions shall be lifted when the Customer complies with the requirements of § 5812.1 for at least four (4) consecutive weeks.
5812.13A Customer who is sanctioned under the DHS TANF sanction policy in effect prior to the promulgation of these rules shall receive adequate notice that he or she shall be scheduled to complete an orientation and assessment, and shall be required to negotiate an IRP. A Customer who fails to complete an orientation and assessment and fails to negotiate an IRP within sixty (60) days of the date of the notice, shall be subject to a Level Two sanction.
D.C. Mun. Regs. Tit. 29, § 5812
Final Rulemaking published at 48 DCR 10251 (November 9, 2001); as amended by Final Rulemaking published at 60 DCR 2863 (March 8, 2013); amended by Final Rulemaking published at 63 DCR 6647 (5/1/2016)Authority: Section 205(c) of the District of Columbia Public Assistance Act of 1982 (Public Assistance Act), as amended, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-202.05(c) (2012 Supp.)), and Mayor's Order 2011-118, dated July 14, 2011.