Md. Code Regs. 07.03.16.08

Current through Register Vol. 52, No. 1, January 10, 2025

Section 07.03.16.08 - Failure or Refusal to Accept Employability Services or Employment

A. Termination of Assistance.

(1) If, without good cause, an employable nonexempt RCA recipient has failed or refused to meet the work requirements or has voluntarily quit a job, the individual is ineligible as described in §B of this regulation.

(2) Notice of Intended Termination.

(a) The LDSS shall give timely and adequate notice if it reduces, suspends, or terminates assistance.

(b) The LDSS shall provide written procedures in English and in appropriate languages for the determination of good cause, the sanctioning of refugees who do not comply with the requirements of the program, and for the filing of appeals by refugees.

(c) The written notice shall include:

(i) An explanation of the reason for the action;

(ii) The proposed adverse consequences; and

(iii) Notice of the recipient's right to mediation and a hearing.

(d) A written notice in English and a written translated notice, or a verbal translation of the notice shall be sent or provided to a refugee at least 10 calendar days before the date the action becomes effective.

B. Sanctions.

(1) If the sanctioned individual is the only member of the assistance unit, the LDSS shall terminate the RCA grant.

(2) If the assistance unit includes other members, the LDSS may not take into account the sanctioned individual's needs in determining the assistance unit's need for RCA.

(3) The sanction applied in §B(1) or (2) of this regulation shall remain in effect for:

(a) 3 payment months for the first failure; or

(b) 6 payment months for any subsequent failure.

C. Good cause for refusing or failing to cooperate with work requirements includes but is not limited to one or more of the following:

(1) Illness or incapacity that is properly documented;

(2) Verified, court-required appearance or temporary incarceration;

(3) A family crisis that threatens normal family functioning;

(4) A breakdown in childcare arrangements or lack of childcare resources;

(5) A single parent caring for a child younger than 6 years old who is unable to obtain child care for one or more of the following reasons:

(a) Unavailability of appropriate child care within a reasonable distance from the parent's home or work site;

(b) Unavailability or unsuitability of informal child care by a relative or others; or

(c) Unavailability or unsuitability of appropriate and affordable formal child care arrangements; and

(6) A breakdown in transportation arrangements if there is no accessible means of transportation.

D. Good cause for quitting a job includes, but is not limited to:

(1) Taking a new job with another employer;

(2) Discrimination based on race, sex, disability, or religious, or sexual orientation;

(3) Breakdown in transportation arrangements if there is no other accessible means of transportation;

(4) Breakdown in childcare arrangements or lack of childcare resources;

(5) Domestic violence or other family crisis that threatens normal family functioning;

(6) Hazardous working conditions;

(7) Documented illness or incapacitation;

(8) Incarceration;

(9) Resignation at the employer's request;

(10) Lack of supportive services identified in the initial assessment and agreed upon by the recipient and the LDSS; or

(11) Other circumstances determined to be good cause by the LDSS.

Md. Code Regs. 07.03.16.08