PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend sections 351.2(j), 352.30(d)(2), (3), 369.2(d)(2), 370.2(c)(6)(i), (vi), 372.2(c), 387.14(a)(5)(ii)(c), 403.1(d)(1)(iii) and (2)(i) of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20(3)(d), 34(3)(f) and title 9-B of art. 5; and L.2005, ch. 57, part C
Subject:
Employment Programs.
Purpose:
Update references from the former Title 12 NYCRR Part 1300, which was repealed and replaced by Title 18 NYCRR Part 385.
Text of proposed rule:
Subdivision (j) of section 351.2 is amended as follows:
(j) An applicant for public assistance must comply with work requirements set forth in Part [1300] 385 of this Title [12 NYCRR].
Paragraph (2) of subdivision (d) of section 352.30 is amended as follows:
(2) When an individual who is required to be in the public assistance household pursuant to subdivision (a) of this section, or who is the caretaker of a dependent child, fails to comply with the requirements of section 351.2 (i) of this Title or willfully and without good cause fails or refuses to comply with the requirements of Part [1300] 385 of this Title [12 NYCRR], the public assistance benefits otherwise available to the household of which such individual is a member will be reduced pro rata.
Paragraph (3) of subdivision (d) of section 352.30 is amended as follows:
(3) When an individual who is a member of a household without dependent children fails to comply with the requirement of section 351.2(i) of this Title, or willfully and without good cause fails or refuses to comply with the requirements of Part [1300] 385 of this Title [12 NYCRR], the public assistance benefits otherwise available to the household of which the individual is a member will be reduced pro rata.
Paragraph (2) of subdivision (d) of section 369.2 is amended as follows:
(2) The [mother] parent or other caretaker relative may be considered available for employment in accordance with [Part] Parts 385 and 388 of this Title [and Part 1300 of Title 12 NYCRR].
Subparagraph (i) of paragraph (6) of subdivision (c) of section 370.2 is amended as follows:
(i) [Family] Families who have received FA and other assistance funded under Public Law 104-193 (the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) for periods of time equal to the maximum durational limits in section 369.4 (d) of this Title.
Subparagraph (vi) of paragraph (6) of subdivision (c) of section 370.2 is amended as follows:
(vi) Members of a household in which the head of household or an adult household member fails to comply with an alcohol or substance abuse rehabilitation program in accordance with section 351.2(i) of this Title.
Subdivision (c) of section 372.2 is amended as follows:
(c) Assistance provided under this Part must not duplicate public assistance for which a person is eligible or would be eligible but for a sanction for violations of the requirements of Part [1300] 385 of this Title [12 NYCRR] or other requirements of State law or regulations.
Clause (c) of subparagraph (ii) of paragraph (5) of subdivision (a) of section 387.14 is amended as follows:
(c) failure to comply with the work requirements in accordance with [12 NYCRR 1300.3] section 385.3 of this Title.
Subparagraph (iii) of paragraph (1) of subdivision (d) of section 403.1 is amended as follows:
(iii) child care services to a family which has applied for or is receiving public assistance when such services are needed for a child under 13 years of age in order to enable the child's parent(s) or caretaker relative(s) to participate in activities required by the social services official including orientation, assessment or work activities as defined [12 NYCRR] in Part [1300] 385 of this Title;
Subparagraph (i) of paragraph (2) of subdivision (d) of section 403.1 is amended as follows:
(i) child care services for a family which has applied for or is receiving public assistance when such services are needed for a child aged 13 or older who has special needs or is under court supervision in order to enable the child's custodial parent or caretaker relative to participate in activities required by the social services district including orientation, assessment or work activities as defined in [12 NYCRR 1300.9] Part 385 of this Title;
Text of proposed rule and any required statements and analyses may be obtained from:
Jeanine Stander Behuniak, New York State Office of Temporary and Disability Assistance, 40 North Pearl Street 16C, Albany, New York 12243-0001, (518) 474-9779, email: Jeanine.Behuniak@OTDA.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The purpose of the proposed rule is solely to correct technical matters in Title 18 NYCRR. This rule updates references from the former Title 12 NYCRR Part 1300, which was repealed and replaced by Title 18 NYCRR Part 385 on March 15, 2006. Title 18 NYCRR Part 385 now sets forth the provisions and requirements of the public assistance and food stamp employment programs.
This rule also corrects grammatical errors and clarifies a reference from “alcohol substance abuse rehabilitation program” to “alcohol or substance abuse rehabilitation program”.
It has been determined that no person is likely to object to the adoption of this rule as written. This rule is simply correcting technical matters and will help make Title 18 NYCRR more comprehensible to the public.
Job Impact Statement
A job impact statement has not been prepared for the proposed regulatory amendments. It is evident from the subject matter of the amendments that the jobs of the persons making the decisions required by the proposed amendments will not be affected in any real way. Thus the changes will not have any impact on jobs and employment opportunities in the State.
