§ 341-a. Re-engagement; conciliation; refusal to participate. 1. The
provisions of this section shall apply to persons who are residents of a
city having a population of one million or more people.

2. (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 and the district has determined that he or she is not exempt
from such requirements and has verified that appropriate child care,
transportation, and accommodations for disability were in place at the
time of such failure or refusal, the social services district shall
issue a re-engagement notice in plain language indicating that such
failure or refusal has taken place and of the right of such participant
to avoid a pro-rata reduction in public assistance benefits through the
re-engagement process. "Re-engagement process" shall mean the process
through which a participant may avoid a pro-rata reduction in public
assistance benefits by agreeing to comply with the requirements of this
title consistent with any medical condition which may limit the
individual's ability to participate in work activities, by notifying the
district that he or she has become exempt from the requirements of this
title, or by resolving the reasons for such failure or refusal at a
conciliation conference. The notice shall indicate that the participant
has ten days to request re-engagement with the district. 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 and the district has verified
that appropriate child care, transportation and accommodations for
disability were in place at the time of such failure or refusal.

(1) If a participant chooses to avoid a pro-rata reduction in public
assistance benefits through a conciliation conference, it will be the
responsibility of the participant to give reasons for such failure or
refusal. The re-engagement 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. Unless as part of the
re-engagement process the participant does not agree to comply, has not
become exempt or the district determines as a result of the conciliation
conference that such failure or refusal was willful and without good
cause, no further action shall be taken.

(2) If the participant does not contact the district within ten days
of the re-engagement notice, the district shall make a finding of
whether the alleged failure or refusal to comply was willful and without
good cause and shall consider any evidence in the possession of the
district indicating that the participant has good cause and if the
participant is otherwise participating in work activities, there shall
be no finding of willfulness without good cause based on a single
appointment or infraction.

(b) If the district determines that such failure or refusal was
willful and without good cause, and that the individual is not exempt
from the requirements of this title, 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, shall verify that appropriate child care, transportation and
accommodations for disability were in place at the time of such failure
or refusal, and specify the necessary actions that must be taken to
avoid a pro-rata reduction in public assistance benefits, including
agreeing to comply with the requirements of this title consistent with
any medical condition which may limit the individual's ability to
participate in work activities or notifying the district that he or she
has become exempt from the requirements of this title and the right to a
fair hearing relating to such discontinuance or reduction.

3. (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.

(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 re-engagement process.

4. When any 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.

5. Consistent with federal law and this title, a social services
district shall provide to those participants whose failure to comply has
continued for thirty days or longer a written reminder of the option to
end a sanction by terminating the failure to comply as specified in
subdivision two of this section. Such notice shall advise that the
participant may immediately terminate the sanction by either agreeing to
comply with the requirements of this title consistent with any medical
condition which may limit the individual's ability to participate in
work activities or notifying the district that he or she has become
exempt from the requirements of this title.

6. Consistent with federal law and regulation and this title, no
notice shall be issued as specified in subdivision two of this section
unless it has been determined that the individual is not exempt from the
requirements of this title and has determined that appropriate child
care, transportation and accommodations for disability were in place at
the time of such failure or refusal to comply with the requirements of
this title and 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".