Md. Code Regs. 07.03.17.22

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.03.17.22 - Failure to Comply with Work Requirements

A. If the local department determines that an individual has refused or failed without good cause to comply with the work requirements or employment and training program requirements, the individual is ineligible to participate in the Program for the following time periods:

(1) After the first violation, the later of:

(a) 1 month, or

(b) The date the individual complies with the work requirements;

(2) After the second violation, the later of:

(a) 3 months, or

(b) The date the individual complies with the work requirements; and

(3) After the third or subsequent violation, the later of:

(a) 6 months, or

(b) The date the individual complies with the work requirements.

B. If the individual moves to another household, the individual remains ineligible.

C. Conciliation Period for Failure to Comply with an Employment and Training Program Requirement.

(1) The local department shall begin a conciliation period the day after the local department learns of the noncompliance.

(2) The conciliation shall continue for a period not to exceed 30 calendar days.

(3) The purpose of the conciliation effort is to:

(a) Determine the reason the individual did not comply with the employment and training program requirement; and

(b) Provide the noncomplying individual the opportunity to comply before the issuance of a notice of adverse action.

(4) Within the conciliation period, the local department shall, at a minimum, contact the noncomplying household member to determine the reasons for noncompliance and determine if good cause exists as described in §G of this regulation.

D. Notice of Adverse Action. Within 10 days of the local department determining that an individual has not complied without good cause with a work requirement other than FSP employment and training program requirements, the local department shall provide a notice of adverse action containing the following:

(1) The particular act of noncompliance committed;

(2) The proposed disqualification period;

(3) A statement that the individual may reapply at the end of the disqualification period; and

(4) A description of the action the individual may take to avoid the disqualification.

E. Ending a Disqualification.

(1) Following the end of the disqualification period for noncompliance with the work requirements or employment and training program requirements, participation may be resumed if the individual or household applies again and is determined eligible.

(2) Eligibility may be reestablished during a disqualification period if the individual who caused the disqualification becomes exempt from work registration under the provisions of Regulation .21B(1)-(4), (6), and (8)-(10) of this chapter.

F. Suitable Employment.

(1) Employment is considered suitable unless:

(a) The wage offered is less than the federal minimum wage;

(b) The employment is on a piece rate basis and the average hourly pay rate can reasonably be expected to be less than the federal minimum wage;

(c) There are conditions of employment which require joining, resigning from, or refraining from joining any legitimate labor organization; or

(d) The work offered is at a site subject to a strike or lockout unless the strike has been enjoined under § 208 of the Taft-Hartley Act, or § 10 of the Railway Labor Act.

(2) Employment is considered unsuitable if the individual involved can demonstrate, or the local department becomes aware, that the:

(a) Degree of risk to health and safety is unreasonable;

(b) Individual is physically or mentally unfit to perform the work as documented by medical evidence or by reliable information from other sources;

(c) Employment offered within the first 30 days of employment registration is not in the individual's major field of experience;

(d) Working hours or routine of the employment interferes with the individual's religious observances, convictions, or beliefs; or

(e) Distance from the individual's home to the place of employment is unreasonable considering the expected wage and time and cost of commuting.

(3) A commuting time of 2 hours or more per day or the lack of private or public transportation renders a job unsuitable under §F(2)(e) of the regulation.

G. Determining Good Cause.

(1) The local department shall determine if an individual had good cause for failing to comply with the work requirements, employment and training program, and voluntary quit requirements.

(2) In determining good cause, the local department shall consider the facts and circumstances described by the individual and employer involved.

(3) The local department may base a good cause determination on factors such as:

(a) Illness of the individual involved or another individual in the household requiring the presence of the individual involved;

(b) A household emergency;

(c) The unavailability of transportation; or

(d) The lack of child care for a child or children who are 6 years old or older but younger than 12 years old.

H. An individual shall be treated as though the individual failed to comply with the food stamp work requirements if the individual:

(1) Is exempt from work requirements in accordance with Regulation .21B(5) or (7) of this chapter because the individual is subject to the TCA or Unemployment Compensation work requirements; and

(2) Fails to comply with the TCA or Unemployment Compensation work requirements.

I. Unless an administrative hearing is requested and the individual is subject to benefits pending appeal, the disqualification period as described in §A of this regulation begins with the first month following the expiration of the 10-day adverse action period.

Md. Code Regs. 07.03.17.22

Regulations .22 adopted effective December 25, 2000 (27:25 Md. R. 2280)
Regulation .22 amended effective October 27, 2003 (30:21 Md. R. 1528)