Section 75-02-01.2-80 - Good cause determination1. Except with respect to a sanction imposed for failure to obtain child support, or establish paternity, an individual shall be provided an opportunity to present the good cause reason for a failure or refusal to cooperate prior to the imposition of a sanction.2. The eligibility worker or the individual's job opportunities and basic skills employment contractor may oversee the good cause determination process. If the individual is not cooperating with the job opportunities and basic skills program, the employment contractor is responsible to oversee the good cause determination process and must inform both the individual and the eligibility worker of the outcome of the good cause determination process.3. Within two days after the employment contractor learns of a failure or a refusal to comply, the eligibility worker or employment contractor, as appropriate, shall send written notice to the individual to offer an opportunity to show good cause. A good cause determination must state that:a. The individual is responsible to call or meet with the employment contractor within seven business days, from the print date of the notice, to show good cause; andb. A sanction will be imposed if the individual does not contact the employment contractor or eligibility worker, as appropriate, within the required time or does not show good cause for the individual's failure or refusal to comply.4. If an individual fails or refuses to participate in the good cause determination process, or if it is determined that the individual did not show good cause for the initial failure or refusal to participate as required in the temporary assistance for needy families program, the eligibility worker shall notify the individual of the sanction.5. Claims of good cause must be evaluated using the decisionmaking principles described in section 75-02-01.2-12.N.D. Admin Code 75-02-01.2-80
Effective December 9, 1996; amended effective January 1, 2003; June 1,2005; January 1, 2009; January 1, 2011.Amended by Administrative Rules Supplement 2023-389, July 2023, effective 7/1/2023.General Authority: NDCC 50-09-02, 50-09-25
Law Implemented: NDCC 50-09-02