Md. Code Regs. 07.03.16.17

Current through Register Vol. 51, No. 21, October 18, 2024

Section 07.03.16.17 - Conciliation, Sanctions, and Other Penalties

A. Sanctions for Noncompliance.

(1) The LDSS:

(a) Shall terminate the case if the sanctioned individual is the only member of the assistance unit; and

(b) May not include the sanctioned individual's needs in determining the assistance unit's need for assistance if the assistance unit includes other members.

(2) A sanction may not be imposed less than 30 days from the first written notice of noncompliance with a Program requirement.

(3) Conciliation Process.

(a) The LDSS shall allow one 30-day conciliation period for each individual's failure to comply with requirements for each act of noncompliance with a Program requirement.

(b) During the 30-day period, the case manager shall help the individual comply by:

(i) Sending the individual a letter to schedule a conciliation conference; and

(ii) Following up on the letter through telephone contact or personal contact as appropriate and feasible.

(c) After the 30-day period, a later instance of noncompliance with the same Program requirement does not entitle the individual to another 30-day conciliation period.

(4) For noncompliance with any Program requirement other than a work activity, RCA shall be resumed upon compliance with the Program requirement.

(5) For noncompliance with a work activity, RCA shall be resumed as described in Regulation .08B of this chapter.

B. Sanctions for IPV. An assistance unit is ineligible for RCA benefits for the following periods of time upon a finding of fraud or an IPV by a court of law, through an administrative disqualification hearing, or through the waiver of an administrative disqualification hearing:

(1) For a period of 6 months after the first finding or until full repayment of any overpayment of RCA benefits;

(2) For a period of 12 months after the second finding or until full repayment of any overpayment of RCA benefits; and

(3) Permanently after the third finding.

Md. Code Regs. 07.03.16.17