If a client who is required to participate in an employment
plan consistently fails, without reasonable cause, to show good faith in
complying with the employment plan, the Department will terminate all or part
of the financial assistance. This will apply if the Department is notified that
the client has failed to cooperate with ORS as provided in
R986-200-207. A termination for
the reasons mentioned in this paragraph will occur only after the Department
attempts reconciliation through the following process:
(1) When an employment counselor discovers
that a client is not complying with his or her employment plan, the employment
counselor will attempt to discuss compliance with the client and explore
solutions. The employment counselor will also send written notice of the
failure to comply to the client. The notice will specify a date certain by
which the client must comply and the consequences of not complying by that
date.
(2) If compliance is not
resolved by the date specified in the notice sent under subsection (1) of this
section, the employment counselor will send a second written notice and
initiate termination of the household financial assistance. This second notice
will advise the client that the financial assistance will terminate at the end
of that month unless the client resolves the problem, as provided in paragraph
(2)(a) of this section. This second notice will also provide a date certain by
which the compliance problems must be resolved for benefits to continue.
(a) If the client establishes reasonable
cause for not complying with the employment plan or provides required
documentation by the date specified in the first or second notice, financial
assistance will continue or be restored.
(b) If the compliance problem is not resolved
as provided in subparagraph (a) of this subsection, the household will be
ineligible for financial assistance for one full month. The client must then
reapply for financial benefits and successfully complete a two week trial
participation period before financial assistance will be approved.
(3) A client must demonstrate a
genuine willingness to comply with the employment plan during the two week
trial period.
(4) The two week
trial period may be waived only if the client has cured all previous compliance
issues prior to re-application.
(5)
The provisions of this section apply to clients who are eligible for and
receiving financial assistance during an extension period as provided in
R986-200-218.
(6) A child age 16-18 who is not a parent and
who is not participating will be removed from the financial assistance grant.
The financial assistance will continue for other household members provided
they are participating. If the child successfully completes a two week trial
period, the child will be added back on to the financial assistance
grant.
(7) Reasonable cause under
this section means the client was prevented from participating through no fault
of his or her own or failed to participate for reasons that are reasonable and
compelling.
(8) Reasonable cause
can also be established, as provided in
45 CFR
261.56, by a client who is a single custodial
parent caring for a child under age six who refuses to engage in required work
because he or she is unable to obtain needed child care because appropriate and
affordable child care arrangements are not available within a reasonable
distance from the home or work site.
(9) If a client is also receiving food stamps
and the client is disqualified for non-participation under this section, the
client will also be subject to the food stamp sanctions found in
7CFR
273.7(f)(2) unless the
client meets an exemption under food stamp regulations.
