Section 121.184  Sanctions for Non-cooperation with Food Stamp Employment and Training

a)         An individual who fails to cooperate with the Food Stamp Employment and Training program, without good cause, and who fails to comply with the conciliation process shall be subject to Transitional Assistance sanction and/or food stamp sanction.  An individual ordered by a court of competent jurisdiction to participate in the Earnfare Component who fails to cooperate shall be referred back to the court for failure to comply with the court order. Individuals who volunteer to participate in Earnfare or individuals ordered by a court of competent jurisdiction to participate are not subject to food stamp sanctions for non-participation in Earnfare.  An individual who fails to cooperate with the requirements of the Food Stamp Employment and Training program shall be ineligible for Transitional Assistance for two months and/or sanctioned for food stamps. (See Section 121.26 for the length of the sanction period for food stamps.) (See Section 121.86 for good cause.)

b)         Non-cooperation with the Food Stamp Employment and Training program includes the following:

1)         refusal/failure to respond to a job referral (see Section 121.162(a)(2));

2)         refusal/failure to accept a bona fide offer of suitable employment (see Section 121.162(a)(3));

3)         discontinuance of suitable employment (including quitting a job after placement and before cancellation) without good cause (see Section 121.162(a)(4));

4)         reduction of suitable employment (for example, hours of employment) without good cause (see Section 121.162(a)(5));

5)         use of a supportive service payment (see Section 121.188) for something other than the supportive service for which it was provided (see Section 121.162(a)(1));

6)         An individual fails, without good cause, or refuses to respond to a written notice for an appointment.  If an individual arrives anytime within 30 minutes after the start of the scheduled meeting, the individual will be considered present.  If an individual has good cause (see Section 121.186) for being more than 30 minutes late, the tardiness will be excused.  The client will be included in a scheduled group or other meeting or be re-scheduled for another meeting(see Section 121.162(a)(1));

7)         Refusal to accept transportation, counseling or other services without good cause, thereby precluding or interrupting participation or progress in the employability plan (see Section 121.162(a)(1));

8)         Failure to cooperate in Job Search one time without good cause (see Section 121.182(g)).  Each missed session is considered an instance of non-cooperation. Failure of an individual to make the required 20 employer contacts in a 30-day period without good cause (see Section 121.162(a)(1));

9)         For individuals assigned to participate in an Education or a Training activity, failure to maintain a satisfactory level of attendance as established by the education or training facility.  However, failure to attend training or education classes three times in a 30-day period, without good cause, shall result in a sanction (see Section 121.162(a)(1));

10)       Failure to appear for an assessment interview or to comply with the assessment process without good cause (see Section 121.162(a)(1));

11)       Failure to comply in Job Search.  This includes failure to attend a job search session or failure to make the required 20 acceptable employer contacts in a 30-day period without good cause.  Each missed session is considered an instance of failing to comply (see Section 121.162(a)(1));

12)       For an individual in Work Experience, failure to report to the work assignment on days scheduled or to make eight acceptable employer contacts in a 30-day period.  Each failure to attend one day of work assignment, without good cause (or to initially report) is considered one instance of failing to comply (see Section 121.162(a)(1));

13)       For an individual in a training or educational activity, failure to maintain a satisfactory level of attendance as established by the educational facility.  However, failure to attend training or education classes three times in a 30-day period, without good cause, will result in a sanction (see Section 121.162(a)(1)); or

14)       Failure to attend a Job Readiness skill training session or failure to make eight acceptable employer contacts in a 30-day period, if required.  Each missed session is considered one instance of failing to comply (see Section 121.162(a)(1)).

c)         A Transitional Assistance sanction and/or food stamp sanction shall be imposed only on a nonexempt individual.

d)         No Transitional Assistance sanction or food stamp sanction will be imposed until the individual is sent written notice scheduling a conciliation meeting and the individual has not shown good cause for non-cooperation and has either failed to attend the meeting, without good cause, or failed to complete the conciliation process (see Section 121.190).  The written notice shall explain the purpose of the appointment and the consequences for failure to attend or failure to show good cause and shall include a definition of good cause.  Failure of the nonexempt registrant to appear for the scheduled meeting is not considered an instance of non-cooperation.

e)         A Transitional Assistance sanction and/or food stamp sanction shall be rescinded at any level of the Transitional Assistance sanction and/or food stamp sanction process up through and until the final agency decision, including any appeal hearing, even if not previously mentioned, if the individual establishes good cause (see Section 121.186 for good cause criteria).

f)          The notice of change form issued for a Transitional Assistance sanction and/or food stamp sanction shall include the following:

1)         a description of the acts of non-cooperation with the Food Stamp Employment and Training program, including dates where applicable;

2)         a statement that the individual's acts were without good cause (see Section 121.186 for good cause criteria) and, if the individual provided a good cause reason, it must state why the reason was rejected and that the individual failed to successfully complete the conciliation process; and

3)         a statement about the length of the sanction period and the action that must be taken to restore benefits.

(Source:  Amended at 26 Ill. Reg. 13530, effective September 3, 2002)