A This section provides information on the GR Employable Program General sanctions B Applicantsrecipients who fail without good cause to cooperate with Policy Employable Program requirements WP JS or JC shall be temporarily ineligible for further GR as an employable individual from the date following the effective date of discontinuance when it has been determined that the failure was willful C Definition of Willful NonCompliance Willful noncompliance is defined as failure to comply with published and signed expectations when there was no good cause for the failure as determined by the CalFresh ET SW It is an intentional refusal to comply andor an indifferent disregard of the duty to comply with program requirements The CalFresh ET SW will check the case to be sure there is a completed and signed 1149 HHSA or 1149M HHSA on file since this is the published statement of program expectations for employable recipients Willful noncompliance will result in a sanction GRPG Letter 65 611 D When the CalFresh ET SW notifies the worker of a program violation Timely Notice subject to sanctions a NOA will be issued prior to discontinuance and imposition of the sanction This NOA will serve two purposes First it will inform the recipient to contact the ET Social Worker within five days to explain the failure to complete the program requirements Secondly it will be a notice that the case will close in 10 days GRPG Letter 73 114 Continued on next page E Client Does Not Respond If the recipient does not respond the case will be closed with a sanction A recipient may later present information which shows there was good cause for the noncooperation and that no sanction should have been imposed The new intake worker must then forward the information to the CalFresh ET SW to make a determination of good cause If good cause is found the sanction will be lifted GRPG Letter 65 611 F If the recipient responds the worker will forward the information to the Client CalFresh ET SW to evaluate the information presented to determine Responds if there was good cause If good cause exists the case will continue and the termination will not occur Use Form 1167 HHSA to determine good cause GRPG Letter 65 611 G Sanction Periods Periods of ineligibility as an Employable Program recipient shall include One month for returning the JS Verification Form after the indicated due date Note The one month sanction period for failure to cooperate in returning form 117 HHSA on time shall not result in any cumulative penalty The penalty shall be a one month sanction period for each separate noncooperation regardless of how often the noncooperation occurs One month for employable students failing to attend school having more than two unexcused absences or returning school verifications after they are due Three months for failure to return or failure to submit the required job applications failure to attend orientation or failure to attend and complete the Work Test WP or JC assignment The employable sanctions listed above shall apply only so long as the recipient is employable The sanction period runs from the date imposed and automatically expires at the end of the period Once the sanction period is imposed applications as an UE or IP applicant shall not be affected nor shall the sanction period be extended during such periods of unemployability Continued on next page Sanction Periods continued Applicants who claim to be Incapacitated during part of the employable aid cycle shall be required to provide evidence of unemployability or shall have the previous employable aid discontinued Applicants on the first sanction in a sixmonth period may receive aid under MAPC after a 30day waiting period regardless of the length of the sanction Refer to 9070022 for MAPC requirements H Because of the spouse for spouse responsibility each Employable Sanctions for spouse is responsible for cooperating with all Employable Program Married requirements Couples If Then either employable spouse is noncooperative both spouses shall be ineligible for further aid as Employable applicants during the sanction period one spouse is UE or IP that spouse shall continue to be eligible for GR as UE or IP regardless of the cooperation of the employable spouse the employable spouse is noncooperative only the employable spouse is ineligible during the sanction period I All GR applicants who apply in San Diego County and are found to be Orange within the timeframe of Orange Countys sanction period whether County discovered through the Orange County data match the MEDSIEVS Sanctions system or any other verifiable method will be denied GR benefits in San Diego County through the end of the period of ineligibility in Orange County Applicants who become Incapacitated are exempt from an employable sanction imposed in Orange County but remain ineligible if under a system abuse penalty for the full period of the penalty period of Orange County If cases are denied workers must clearly state on the NOA that the applicants were sanctioned in Orange County Continued on next page J Sanctions and TMPPOE Workers must apply sanctions as appropriate upon notification from the CalFresh ET SW A sanctioned month within the threemonth POE will count as one of the months meeting the POE There is a maximum of three sanctioned months that can be applied to the POE without extending the TMP Adequate and timely notice must be given If the worker could have taken timely action but did not the TMP will be extended and the month of aid will not be considered an overpayment The table below shows some examples Situation Original TMP Revised TMP POE Recipient is granted AB aid effective January January NA January 1 2007 On February 16 2007 it is December March 2007 determined that the recipient should have a 2007 March onemonth sanction This sanction can be counts as applied with timely and adequate notice in one month March 2007 of Apply the sanction in March March will count as one of the three months of the POE Do not extend the TMP and the recipient will not be eligible to any more AB aid during the TMP assistance which was not issued due to the sanction Recipient is approved AB aid effective January January January January 1 2007 On February 26 2007 it is December 2007 March 2007 determined that the recipient should have a 2007 January onemonth sanction Since timely and 2008 one adequate notice cannot be given this month sanction cannot be applied in March 2007 extension Apply the sanction by extending the TMP for one month for sanction Recipient is approved AB aid effective March March March March and 1 2007 The case is discontinued April 30 2007 2007 April 2007 2007 The recipient reapplies and is granted February May 2008 and AB aid effective January 20 2008 and is 2008 extended February discontinued February 29 2008 with a three three 2008 month sanction months Apply the sanction by extending the TMP by three months due to sanction Continued on next page Sanctions and TMPPOE continued Situation Original TMP Revised TMP POE Recipient is approved AB aid effective April 2 2007 The case is discontinued April 30 2007 with a threemonth sanction Apply the sanction for the months of May June and July 2007 April is a partial month Do not extend the TMP However consider the months of May July as the POE and the recipient will not be eligible for AB aid again until May 2008 May 2007 April 2008 NA May July 2007 no aid due to sanction Recipient is approved AB aid effective March April 2007 April 2007 April June 4 2007 The case is discontinued April 30 March April 2007 no aid 2007 with a threemonth sanction 2008 2008 May or June Apply the sanction for the months of May and June 2007 and extend the TMP one month to meet the threemonth sanction extended due to sanction 2007 due to sanction Recipient is approved AB aid February 14 March March March May 2007 On April 18 2007 it is determined 2007 2007 2007 May that the recipient should have a threemonth February May 2008 2007 is not sanction However the worker did not take 2008 extended considered action to close the case April 30 2007 and due to an aid is issued for May sanction overpayment Apply the sanction by extending the TMP for three months because the TMP is being extended Recipient is approved AB aid February 14 2007 On May 31 2007 case closed for the end of the POE ET SW sends sanction request in June 2007 for failure of the recipient to cooperate with the Work Project in May Apply the sanction by extending the TMP for three months March 2007 February 2008 March 2007 May 2008 extended due to sanction March May 2007 GRPG Letter 77 1014