106 CMR, § 703.525 - TAFDC Result of Sanction for Failure to Cooperate without Good Cause

(A) When a grantee, or a teen parent, is sanctioned for failure to cooperate with DOR without good cause, the grantee shall receive a notice informing him or her of:

(1) the changes in the assistance grant amount;

(2) the reasons for the decision;

(3) the obligation to cooperate; and

(4) the right to appeal this decision with DTA.

(B) If the grantee appeals, he or she must prove by a preponderance of evidence that he or she, or the teen parent, did cooperate with DOR.

(C) A sanctioned grantee or teen parent continues to be subject to all appropriate requirements during the sanction period including, but not limited to, the Work Program, time-limited benefits.

(D) When a sanctioned grantee or teen parent informs DTA that he or she is willing to cooperate with DOR and signs the required documents, DTA will send a copy to DOR within three business days of the date the form was signed.

(E) If DOR has not informed DTA of the status of the case within 70 days from the date the document described in 106 CMR 703.525(D) is sent to DOR, the sanctioned grantee or teen parent shall be deemed to have cooperated with child support enforcement requirements and the sanction will be removed.

(F) Following the determination of noncooperation by DOR, if a sanctioned grantee or teen parent states that he or she wants to cooperate and DOR determines that he or she has cooperated, DOR shall notify DTA of the cooperation and the sanction will be removed.

(G) Following the determination of noncooperation by DOR, if a sanctioned grantee or teen parent states that he or she wishes to cooperate but fails to appear for the DOR-scheduled court date or appointment, DOR shall issue a determination of noncooperation to DTA. DTA shall keep the sanction in effect, or if necessary, reinstate the sanction.

Notes

106 CMR, § 703.525

Amended by Mass Register Issue 1461, eff. 1/4/2022. Amended by Mass Register Issue 1465, eff. 1/4/2022.