If DSS determines that an individual other than the head of household as defined in DSSM 9014 has refused or failed without good cause to comply with the requirements imposed by this section, that individual is ineligible to participate in the Food Stamp Program according to the periods of ineligibility listed under DSSM 9021.2. The individual is treated as an ineligible household member per DSSM 9013.2.

Determine the income, resources, and deductions of these ineligible household members according to DSSM 9076.1.

If the head of household fails to comply, the entire household is ineligible to participate.

When an individual fails to comply with a work requirement, voluntarily quits a job or voluntarily reduces work hours to less than 30 hours per week and becomes ineligible to participate in the food stamp program, the periods of ineligibility are as follows:

First violation, the individual will remain ineligible until the later date of when the individual complies with the work requirement or a one month period after the date of ineligibility.

Second violation, the individual will remain ineligible until the later date of when the individual complies with the work requirement or a three month period after the date of ineligibility.

Third violation, the individual will remain ineligible until the later date of when the individual complies with the work requirement or a six month period after the date of ineligibility.

When the individual is the head of household and fails to comply with a work requirement, voluntarily quits a job or voluntarily reduces work hours to less than 30 hours per week, the entire household becomes ineligible to participate in the food stamp program. The periods of ineligibility are as follows:

• First violation, the household will remain ineligible until the later date of when the head of household complies with the work requirement or a one month period after the date of ineligibility.

• Second violation, the household will remain ineligible until the later date of when the head of household complies with the work requirement or a three month period after the date of ineligibility.

• Third violation, the household will remain ineligible until the later date of when the head of household complies with the work requirement or a six month period after the date of ineligibilty.

The periods of ineligibility are the minimum periods that must be served. If an individual complies before the end of the sanction period, the minimum period of ineligibility must be served. Individuals cannot cure the sanctions before the minimum sanction periods are served. After the minimum sanction periods are served, the individual must comply before they can receive benefits again unless they become exempt from work registration through DSSM 9018.3, other than through exemption based on items (3) or (5) of that section. If any household member who failed to comply joins another household as head of household, that entire new household is ineligible for the remainder of the sanction period. If the member who failed to comply joins another household where (s)he is not head of household, the individual is ineligible for the appropriate period of ineligibility listed above.

Determine whether good cause for the non-compliance exists, per DSSM 9025 and 9026.3. Within ten (10) days of the DSS determination that the non-compliance was without good cause, provide the individual or household with a notice of adverse action. The notice must contain the particular act of non-compliance committed, the proposed sanction period, and a statement that the individual or household may reapply at the end of the sanction period. Include information describing the action which can be taken to end or avoid the sanction.

The sanction period begins with the first month following the expiration of the adverse notice period, unless a fair hearing is requested. Each individual or household has a right to a fair hearing to appeal a denial, reduction or termination of benefits due to a determination of non- exempt status, or a DSS determination of failure to comply with the work registration or employment and training requirements of this section. Individuals or households may appeal DSS actions such as exemption status, the type of requirement imposed, or DSS refusal to make a finding of good cause, if the individual or household believes that a finding of failure to comply has resulted from improper decisions on these matters.

DSS or its designee operating the relevant component should receive sufficient advance notice to either permit the attendance of a representative will be available for questioning over the phone during the hearing. Allow the household to examine its employment component casefile at a reasonable time before the date of the fair hearing, except for confidential information (which may include test results) that the agency determines should be protected from release. Information not released to a household may not be used by either party at the hearing. The results of the fair hearing are binding on DSS.

A household containing a member who was exempt from work registration in accordance with DSSM 9018.3(3) and 9018.3(5) because of registration for work under TANF Employment and Training or Unemployment Compensation (UC) and who fails to comply with a TANF Employment and Training or UC requirement comparable to a food stamp work registration or employment and training program requirement will be treated as though the member had failed to comply with the corresponding food stamp requirements.

If DSS learns that a household member has refused or failed without good cause to comply with a TANF Employment and Training or UC requirement, determine whether the requirement was comparable. Similarly, if the household reports the loss or denial of TANF or UC or if DSS otherwise learns of such loss or denial, determine whether the loss or denial was caused by a determination by the administering agency that a household member refused or failed without good cause to comply with the work requirement and, if so, whether the requirement was comparable to the work registration or employment and training requirement. The TANF Employment and Training or UC requirement is not comparable if it places responsibilities on the household which exceed those imposed by the food stamp work registration or FNS approved employment/training program requirements.

If DSS determines that the requirement is comparable, the individual or household (if the individual who committed the violation is the head of household) will be sanctioned in accordance with the following provisions. Provide the individual or household with a notice of adverse action per DSSM 9006 within ten (10) days of learning of the household member's noncompliance with the UC or TANF Employment and Training requirement. The notice must comply with the requirements of DSSM 9021.1.

An individual or household will not be sanctioned if the non-complying member meets one of the work registration exemptions provided in DSSM 9018.3 other than the exemptions provided in items 3 and 5 of that section. Household members who fail to comply with a comparable TANF Employment and Training or UC requirement will lose their exemption under items 3 and 5 of DSSM 9018.3 and must register for work if required to do so in DSSM 9018.1.

If the Division's determination of noncompliance with a comparable TANF Employment and Training or UC work requirement leads to a denial or termination of the individual's or household's food stamp benefits, the individual or household has a right to appeal the decision in accordance with the provisions of DSSM 9021 .

A sanctioned individual or household may resume participation in the Program in accordance with DSSM 9021.4.

Following the end of the period of ineligibility for non-compliance with the work registration or employment and training requirements, participation may resume if the ineligible individual or household applies again and is determined eligible. Eligibility may be reestablished during the sanction period and the individual or household may (if otherwise eligible) be permitted to resume participation if the individual or head of household becomes exempt from the work requirement or is no longer a member of the household. An individual who has been sanctioned for non-compliance may be permitted to resume participation during the period of ineligibility (if otherwise eligible) by becoming exempt from work registration.

Before the individual or household can resume getting benefits, the individual or head of household must become exempt from work registration or comply with the work requirements. The minimum sanction periods must be served regardless of when the individual or head of household complies with the following appropriate requirements:

1) Refusal to register - registration of the household member;

2) Refusal to report to an employer to whom referred - reporting to this employer if work is still available or to another employer to whom referred;

3) Refusal to respond to a request from the DSS or its designee requiring supplemental information regarding employment status or availability for work - compliance with the request;

4) Refusal to accept a bona fide offer of suitable employment to which referred - acceptance of the employment if still available to the participant, or securing other employment which yields earnings per week equivalent to the refused job, or securing any other employment of at least 30 hours per week or securing employment of less than 30 hours per week but with weekly earnings equal to the Federal minimum wage multiplied by 30 hours;

5) Refusal to comply with a DSS (or its designee) assignment as part of an FNS approved employment/training program - compliance with the assignment or an alternative assignment.