Section 1240-01-03-.45 - FAILURE TO COMPLY, GOOD CAUSE, AND DISQUALIFICATION(1) When a non-exempt individual fails or refuses to comply with the requirements set out in 1240-1-3-.43, without good cause, the individual will be ineligible to participate in the Food Stamp Program for: (a) the first violation, one (1) month or until compliance, whichever is later;(b) the second or subsequent violation, 3 months or until compliance, whichever is later.(c) During the period of disqualification, the individual will be treated as an excluded household member as described in § 1240-1-4-.17(7)(a) 1.(ii).(2) Determining Good Cause. Good Cause for failure to comply with the Food Stamp Program work requirements includes circumstances beyond the household member's control, such as, but not limited to:(a) personal illness, or illness of another household member which requires the individual's presence;(b) household emergencies which prevent compliance;(c) lack of transportation;(d) the lack of adequate child care for children who have reached age 6, but are under age 12.(3) Implementing the Disqualification.(a) Within 10 days of determining that the noncompliance was without good cause, the county office will authorize the adverse action and a 10-day adverse action notice will be sent to the individual or household. The notice will specify: 1. the particular act of noncompliance committed;2. the proposed period of disqualification and that the individual or household may reapply at the end of the disqualification period;3. a description of the action which can be taken to end or avoid the sanction.(b) The disqualification period will begin with the first month following the expiration of the adverse action notice period, unless a fair hearing is requested.(c) Each individual or household has a right to a fair hearing to appeal a denial, reduction, or termination of benefits due to a determination of nonexempt status or a determination of failure to comply with the work registration or employment and training requirements.(4) Ending the Disqualification. (a) The disqualification for failure to comply with the work requirements will continue until the member who caused the violation complies with the requirement or becomes exempt from the requirement (other than exemption through the cash assistance program under Title IV-A of the Social Security Act or unemployment compensation work requirements), or for 3 months, whichever is later.(b) If any household member who failed to comply joins a new household, the individual will remain ineligible for the rest of the disqualification period.(5) Failure to Comply with a Families First work requirement which results in a disqualification for benefits in that program for a household or a household member will result in a ten percent (10%) reduction in the household's food stamp allotment.Tenn. Comp. R. & Regs. 1240-01-03-.45
Original rule filed August 15, 1980; effective September 29, 1980. Amendment filed November 6, 1980; effective December 22, 1980. Amendment filed August 28, 1981; effective October 13, 1981. Repeal and new rule filed May 8, 1987; effective August 29, 1987. Amendment filed April 4, 1997; effective June 18, 1997. Amendment filed September 18, 2001; effective December 2, 2001.Authority: T.C.A. §§ 4-5-201 et seq., 4-5-202, 71-1-105, 71-3-157, 71-3-158, PL 104-193, and 7 C.F.R. 273.7(g).