§ 341. Conciliation; refusal to participate. 1. (a) Consistent with
federal law and regulations and this title, if a participant has failed
or refused to comply with the requirements of this title, the social
services district shall issue a notice in plain language indicating that
such failure or refusal has taken place and of the right of such
participant to conciliation to resolve the reasons for such failure or
refusal to avoid a pro-rata reduction in public assistance benefits for
a period of time set forth in section three hundred forty-two of this
title. The notice shall indicate the specific instance or instances of
willful refusal or failure to comply without good cause with the
requirements of this title and the necessary actions that must be taken
to avoid a pro-rata reduction in public assistance benefits. The notice
shall indicate that the participant has seven days to request
conciliation with the district regarding such failure or refusal in the
case of a safety net participant and ten days in the case of a family
assistance participant. The notice shall also include an explanation in
plain language of what would constitute good cause for non-compliance
and examples of acceptable forms of evidence that may warrant an
exemption from work activities, including evidence of domestic violence,
and physical or mental health limitations that may be provided at the
conciliation conference to demonstrate such good cause for failure to
comply with the requirements of this title. If the participant does not
contact the district within the specified number of days, the district
shall issue ten days notice of intent to discontinue or reduce
assistance, pursuant to regulations of the department. Such notice shall
also include a statement of the participant's right to a fair hearing
relating to such discontinuance or reduction. If such participant
contacts the district within seven days in the case of a safety net
participant or within ten days in the case of a family assistance
participant, it will be the responsibility of the participant to give
reasons for such failure or refusal.

(b) Unless the district determines as a result of such conciliation
process that such failure or refusal was willful and was without good
cause, no further action shall be taken. If the district determines that
such failure or refusal was willful and without good cause, the district
shall notify such participant in writing, in plain language and in a
manner distinct from any previous notice, by issuing ten days notice of
its intent to discontinue or reduce assistance. Such notice shall
include the reasons for such determination, the specific instance or
instances of willful refusal or failure to comply without good cause
with the requirements of this title, the necessary actions that must be
taken to avoid a pro-rata reduction in public assistance benefits, and
the right to a fair hearing relating to such discontinuance or
reduction. Unless extended by mutual agreement of the participant and
the district, conciliation shall terminate and a determination shall be
made within fourteen days of the date a request for conciliation is made
in the case of a safety net participant or within thirty days of the
conciliation notice in the case of a family assistance participant.

2. (a) The department shall establish in regulation a conciliation
procedure for the resolution of disputes related to an individual's
participation in programs pursuant to this title.

(b) The district shall contract with an independent entity, approved
by the department, or shall use designated trained staff at the
supervisory level who have no direct responsibility for the
participant's case to mediate disputes in the conciliation conference.
If no such supervisory staff or independent entity is available, the
district may designate another trained individual, who has no direct
responsibility for the participant's case to mediate disputes in the
conciliation conference.

(c) If a participant's dispute cannot be resolved through such
conciliation procedure, an opportunity for a fair hearing shall be
provided. No sanction relating to the subject dispute may be imposed
during the conciliation process.

3. When any family assistance participant required to participate in
work activities fails to comply with the provisions of this title, the
social services district shall take such actions as prescribed by
appropriate federal law and regulation and this title.

4. When any safety net participant required to participate in work
activities fails to comply with the provisions of this title, the social
services district shall deny assistance to such participant in
accordance with section three hundred forty-two of this title.

5. (a) To the extent that federal law requires, a social services
district shall provide to those family assistance participants whose
failure to comply has continued for three months or longer a written
reminder of the option to end a sanction after the expiration of the
applicable minimum sanction period by terminating the failure to comply
as specified in subdivision three of this section. Such notice shall
advise that the participant may immediately terminate the first or
second sanction by participating in the program or accepting employment
and that any subsequent sanction after six months have elapsed may be
terminated by participating in the program or accepting employment.

(b) A social services district shall provide to those safety net
participants whose failure to comply has continued for the length of the
sanction period or longer a written reminder of the option to end a
sanction after the expiration of the applicable minimum sanction period
by terminating the failure to comply as specified in subdivision four of
this section.

6. Consistent with federal law and regulation, no action shall be
taken pursuant to this section for failure to participate in the program
or refusal to accept employment if:

(a) child care for a child under age thirteen (or day care for any
incapacitated individual living in the same home as a dependent child)
is necessary for an individual to participate or continue participation
in activities pursuant to this title or accept employment and such care
is not available and the social services district fails to provide such
care;

(b) (1) the employment would result in the family of the participant
experiencing a net loss of cash income; provided, however, a participant
may not claim good cause under this paragraph if the social services
district assures that the family will not experience a net loss of cash
income by making a supplemental payment;

(2) net loss of cash income results if the family's gross income less
necessary work-related expenses is less than the cash assistance the
participant was receiving at the time the offer of employment is made;
or

(c) the participant meets other grounds for good cause set forth by
the department in its implementation plan for this title which, at a
minimum, must describe what circumstances beyond the household's control
will constitute "good cause".

7. The provisions of this section shall not apply to persons who are
residents of a city having a population of one million or more people.