Section 385.11 Conciliation.
(a) Conciliation for refusal or failure to comply with employment requirements.
(1) The social services official shall issue a conciliation notice to any nonexempt applicant for or recipient of public assistance who has failed to comply with the requirements of this Part. However, no notice of conciliation shall be issued to: an applicant deemed ineligible for public assistance pursuant to section 385.2(c)(1)of this Part; an applicant who is ineligible for public assistance pursuant to section 385.6(a)(6)(i) of this Part; an applicant who is ineligible for public assistance pursuant to section 385.7(a)(6)(i) of this Part; or an applicant who is ineligible for public assistance pursuant to section 385.9(e)(5)(i) of this Part.
(2) Such notice shall:
(i) indicate that a failure or refusal to participate has occurred;
(ii) indicate that the individual has a right to provide reasons for such failure or refusal to participate;
(iii) indicate that, in the case of an applicant for or recipient of family assistance, the individual shall have 10 days to request a conciliation, and in the case of an applicant for or recipient of safety net assistance, seven days to request conciliation.
(3) If the individual does not contact the social services official within the periods set forth in paragraph (2) of this subdivision, the social services official shall issue a notice of denial or a 10-day notice of intent to discontinue or reduce public assistance. Such notice shall:
(i) be designed by the Office; provided, however, that the social services official may submit for approval a local equivalent which meets the requirements of this paragraph;
(ii) indicate the employment requirement for which the individual failed or refused to comply;
(iii) include a statement approved by the commissioner and in accordance with the provisions of Part 358 of this Title indicating that the individual has the right to a fair hearing related to such denial, discontinuance or reduction.
(4) If the individual does contact the social services official within the periods set forth in paragraph (2) of this subdivision, the individual shall be responsible for providing the social services official with reasons for his or her failure or refusal to comply.
(i) if the social services official determines that the individual's refusal or failure to comply was willful and without good cause, the social services official shall issue a 10-day notice pursuant to the requirements of paragraph (3) of this subdivision;
(ii) if the social services official determines that the individual's failure or refusal to comply was not willful or was with good cause, the procedure shall terminate.
(5) The conciliation period shall last no longer than 14 days from the date on which an applicant for or recipient of safety net requests conciliation, and no longer than 30 days from the date of the conciliation notice issued to an applicant for or recipient of family assistance, unless the individual and the social services official agree that the conciliation period should last longer.
(b) Conciliation for the grievances of individuals assigned to work activities.
(1) The social services official must establish a conciliation procedure for the resolution of grievances initiated by individuals assigned to work activities.
(2) In establishing such procedure, the social services official must:
(i) enter into an agreement with an independent entity; or
(ii) employ district staff at a supervisory level who are trained in mediation and who have no direct responsibility for an individual's case; or
(iii) designate supervisory staff, who need not be trained in mediation who have no direct responsibility for an individual's case to serve as mediators for such grievances.
(3) Such procedure must afford the individual an opportunity to dispute an assignment to a work activity made in accordance with the provisions of this Part.
(4) The social services official shall provide for at least one meeting which includes the individual, appropriate social services staff and the mediator. Such meeting shall occur within 30 days of the day on which the individual submitted a grievance in writing to the social services official.
(5) No sanction relating to the subject dispute shall be imposed during the conciliation process, which shall begin on the day on which the individual submitted a grievance in accordance with the provisions of this subdivision and shall end on the day upon which written notice has been provided to the individual which indicates the results of the conciliation.
(6) If the individual's grievance is not resolved through conciliation, the individual shall be informed of the right to a fair hearing. Notwithstanding such right to a fair hearing, the individual shall be required to participate in work activities as assigned in accordance with the requirements of this Part during the adjudication process.