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FAILURE TO COMPLY - SNAP E&T

ISSUE DATE: 12/2014

MFIP, DWP:
See 0028.30 (Sanctions for Failure to Comply - Cash).


SNAP:

When the Employment Service Provider (ESP) determines that a mandatory participant has failed, without good cause, to participate in and cooperate with SNAP E&T or to accept any bona fide offer of suitable employment, the ESP must provide timely notice to the participant. See 0028.21 (Good Cause Non-Compliance - SNAP/MSA/GA/GRH).

The ESP must mail or hand deliver the notice to the participant within 5 days of the determination of non-compliance. Use the Failure to Comply Notice Supplemental Nutrition Assistance Program Employment & Training Program (SNAP E&T) (DHS-3227) (PDF).

The ESP must also send a copy of this notice to the county agency at the same time it is provided to the participant. DHS recommends that the ESP and county agency establish and maintain effective communication regarding SNAP E&T program operations in general, and sanction procedures in particular, to assure that both are informed of all relevant facts and circumstances.

If the ESP is unable to use the Failure to Comply Notice Supplemental Nutrition Assistance Program Employment & Training Program (SNAP E&T) (DHS-3227) (PDF) and instead uses an alternate notice, the alternate notice must contain all of the following:

The specific requirement(s) with which the client did not comply.

The factual basis for determining that the participant failed to participate or comply with the requirement(s).

A statement that the county agency will terminate SNAP benefits due to the failure to participate or comply.

A request that the participant explain his/her failure to participate or non-compliance.

A statement that a sanction will not be imposed or will be lifted if the participant had good cause for failing to participate or comply.

A request that the participant inform the county agency or ESP if he/she had good cause for failing to participate or comply.

A statement of the participant's appeal rights.


Using information provided by the ESP and any information the participant presents, the county agency must make the final determination of good cause for non-compliance with SNAP E&T requirements. If the county agency determines that the participant had good cause for failing to participate or comply, or for refusing to accept suitable employment, a sanction must not be imposed. See 0028.21 (Good Cause Non-Compliance - SNAP/MSA/GA/GRH). If the client has good cause, do not impose the sanction.

If the county agency determines that the participant did not have good cause for failure to participate or comply or for refusing to accept suitable employment, the county agency must send or give the participant a 10-day notice of termination from assistance. The non-compliance notice completed by the ESP and the 10-day termination notice developed by the county agency may be issued at the same time. See 0028.33 (Employment Services/SNAP E&T Notice Requirements). The notice must include:

The specific act of non-compliance.

The proposed disqualification period.

A statement describing how the client may end the sanction.


Disqualify clients who do not have good cause. Follow the provisions in 0028.30.06 (Type/Length of SNAP E&T Sanctions). Send the unit a 10-day notice of disqualification. See 0026.12 (Timing of Notices).


MSA, GA, GRH:

No provisions.

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