TDA-36-14-00014-P Noncompliance with Supplemental Nutrition Assistance Program (SNAP) Work Requirements; SNAP Conciliation Process

9/10/14 N.Y. St. Reg. TDA-36-14-00014-P

NEW YORK STATE REGISTER

VOLUME XXXVI, ISSUE 36

September 10, 2014

RULE MAKING ACTIVITIES

OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TDA-36-14-00014-P

Noncompliance with Supplemental Nutrition Assistance Program (SNAP) Work Requirements; SNAP Conciliation Process

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 385.11 and 385.12 of Title 18 NYCRR.

Statutory authority:

Social Services Law, section 95(1)(b); United States Code, title 7, sections 2011, 2013 and 2029

Subject:

Noncompliance with Supplemental Nutrition Assistance Program (SNAP) work requirements; SNAP conciliation process.

Purpose:

To render State regulations governing noncompliance and the conciliation process consistent with federal requirements.

Text of proposed rule:

The caption for Article 4 of Subchapter B of Chapter II Title 18 NYCRR is amended to read as follows:

Part 385 Public Assistance and [Food Stamp] Supplemental Nutrition Assistance Program (SNAP) Employment Program Requirements.

The title of Part 385 of Title 18 NYCRR is amended to read as follows:

PUBLIC ASSISTANCE AND [FOOD STAMP] SNAP EMPLOYMENT PROGRAM REQUIREMENTS

Title 18 NYCRR § 385.11 is amended to read as follows:

Subdivision (a) of § 385.11 is amended to read as follows:

(a) Conciliation for refusal or failure to comply with public assistance employment requirements.

Subdivision (b) of § 385.11 is amended to read as follows:

(b) Conciliation for the grievances of individuals assigned to public assistance work activities.

Paragraph (3) of subdivision (b) of § 385.11 is amended to read as follows:

(3) Such procedure must afford the individual an opportunity to dispute an assignment to a public assistance work activity made in accordance with the provisions of this Part.

A new subdivision (c) is added to § 385.11 to read as follows:

(c) Conciliation for refusal or failure to comply with Supplemental Nutrition Assistance Program (SNAP) work requirements.

(1) The social services official shall issue a conciliation notice to a SNAP recipient who has failed or refused to comply with SNAP work requirements.

(2) Such notice shall:

(i) indicate that a failure or refusal to participate has occurred;

(ii) indicate that the individual has a right to provide reasons for such failure or refusal to participate;

(iii) indicate that the individual has a right to avoid a reduction or discontinuance in SNAP benefits by timely demonstrating compliance with SNAP work requirements as determined by the social services district; and

(iv) indicate that the individual shall have 10 calendar days from the date of the notice to request a conciliation and/or an opportunity to timely demonstrate compliance with SNAP work requirements.

(3) If the individual does not contact the social services official within the time period set forth in paragraph (2) of this subdivision and provide a good cause reason for his or her failure or refusal to comply with SNAP work requirements, document an exemption from work requirements, or timely demonstrate compliance with SNAP work requirements, the social services official shall issue a 10-day notice of intent to discontinue or reduce SNAP benefits.

(4) If the individual does contact the social services official within the time period set forth in paragraph (2) of this subdivision, the individual shall be responsible for providing the social services official with reasons for his or her failure or refusal to comply, and may be required to produce documentation establishing such reasons as determined necessary by the social services district.

(i) If the social services official determines that the individual's failure or refusal to comply was with good cause, the conciliation procedure shall terminate.

(ii) If the social services official determines that the individual's failure or refusal to comply was without good cause, the social services official shall issue a 10-day notice of intent to discontinue or reduce SNAP benefits pursuant to paragraph (3) of this subdivision, unless the individual demonstrates compliance pursuant to paragraph (5) of this subdivision.

(5) Regardless of whether the individual provides reason for his or her failure to participate in SNAP work requirements, should the individual demonstrate compliance with SNAP work requirements as assigned and in the timeframe established by the social services district, then the conciliation procedure shall terminate.

(6) The conciliation period shall last no longer than 30 calendar days from the date of the conciliation notice, unless the social services official determines that the conciliation period should last longer.

Title 18 NYCRR § 385.12 is amended to read as follows:

Subdivision (b) of § 385.12 is amended to read as follows:

(b) Noncompliance of [food stamp] SNAP applicants and recipients with work [registration or work] requirements.

Paragraph (1) of subdivision (b) of § 385.12 is amended to read as follows:

(1) If an [individual] applicant has, without good cause [has], refused or failed to comply with [food stamp program work registration or assignment to work activities] a SNAP work requirement pursuant to the requirements of this Part, he/she will be ineligible to participate in SNAP in accordance with the provisions of this section. If an [individual] applicant is disqualified, and he/she is a member of an otherwise eligible household, he/she is treated as [an excluded] a disqualified member of the household during the period of disqualification, under section 387.16(c)(1) of this Title.

A new paragraph (2) is added to subdivision (b) of § 385.12 to read as follows:

(2) If a recipient has, without good cause, refused or failed to comply with a SNAP work requirement pursuant to the requirements of this Part, he/she will be ineligible to participate in SNAP in accordance with the provisions of this section. If a recipient is disqualified and he/she is a member of an otherwise eligible household, he/she is treated as a disqualified member of the household during the period of disqualification, under section 387.16(c)(1) of this Title.

Paragraphs (2)-(6) of subdivision (b) of § 385.12 are amended to read as follows:

[(2)] (3) Prior to notifying the household of the proposed disqualification, the social services district must determine whether good cause for noncompliance exists, in accordance with subdivision (c) of this section.

[(3)] (4) For [food stamp] SNAP recipients, within 10 calendar days of determining that the non-compliance was without good cause, the social services district must issue a timely and adequate notice of adverse action to the recipient. This notice must specify: (i) the particular act of noncompliance [,]; (ii) the proposed period of disqualification[, and]; (iii) that the individual may reapply in order to resume participation in [the food stamp program] SNAP at the end of the disqualification period[. The notice must also contain]; and (iv) information about ending the disqualification as specified in subdivision (e) of this section. The disqualification period begins with the first month following the expiration of the notice period unless a fair hearing is requested. In such case the disqualification period may not begin until the fair hearing request is withdrawn, the individual fails to appear at a scheduled fair hearing, or a fair hearing decision upholding the social services district's action is issued.

[(4)] (5) When a member of an applicant household has, without good cause, failed to comply with work [registration] requirements pursuant to section 385.3 of this Part, the social services district must inform the household of the individual's disqualification in the notice of action taken. This notice must specify: (i) the particular act of noncompliance [, the proposed period of disqualification,]; and (ii) that the individual may reapply [in order to resume participation in the food stamp program at the end of the disqualification period. The notice also must contain information about ending the disqualification as specified in subdivision (e) of this section] for SNAP benefits, but must comply with SNAP work requirements as determined by the social services district or document an exemption from SNAP work requirements consistent with section 385.3 of this Title as part of the process for establishing eligibility for SNAP benefits, provided the individual is otherwise eligible.

[(5)] (6) A voluntary participant in a [food stamp] SNAP employment and training program who is exempt from [food stamp] SNAP work [registration] requirements and/or participation in an employment and training program must not be disqualified for failure to comply with the requirements of this Part unless the volunteer is sanctionable pursuant to paragraph [(6)] (7) of this subdivision.

[(6)] (7) Failure of certain [food stamp] SNAP applicants and recipients who are exempt from work [registration] requirements to comply with other work requirements. If a household contains a member who is exempt from work [registration] requirements solely because he/she is registered for work under an unemployment compensation work requirement or because he/she is subject to participation in work activities funded under title IV of the Social [Services] Security Act, and such individual refuses or fails to comply with the work requirements of those programs, such individual must be treated as though he/she has failed to comply with the requirements of this Part.

Subdivision (c) of section 385.12 is amended to read as follows:

(c) Good cause for failure to comply with public assistance and [food stamp] SNAP employment requirements.

Paragraph (1) of subdivision (c) of section 385.12 is amended to read as follows:

(1) The social services official is responsible for determining good cause in those instances where an individual has failed to comply with the requirements of this Part. In determining whether or not good cause exists, the social services official must consider the facts and circumstances, including information submitted by the individual subject to such requirements. Good cause includes circumstances beyond the individual's control, such as, but not limited to, illness of the [member] individual, illness of another household member requiring the presence of the [member] individual, inability to participate due to a domestic violence situation, a household emergency, or the lack of adequate child care for children [who have reached age 6 but are] under age 13.

Paragraph (3) of subdivision (d) of section 385.12 is amended to read as follows:

(3) Willing to comply as used in this section means that an individual, as required by the district, reports to and participates in an assigned work activity site or other location as assigned by the [local] social services district on time and prepared to engage in the assigned activity.

Subdivision (e) of section 385.12 is amended to read as follows:

(e) [Food stamp] SNAP sanctions for failure to comply with employment programs.

Paragraph (1) of subdivision (e) of section 385.12 is amended to read as follows:

(1) [The needs of an individual] An applicant who is required to [work register] participate in work activities [and] who, [has failed] without good cause, fails to comply with the requirements of this section [will not be considered in determining the needs of his/her household for food stamps for the periods set forth in this subdivision] shall be denied participation in SNAP until such time as he/she complies with SNAP work requirements as determined by the social services district or documents an exemption from SNAP work requirements consistent with section 385.3 of this Title.

Subparagraphs (i)-(iv) of paragraph (1) and subparagraphs (i)-(iv) of paragraph (4) of subdivision (e) of section 385.12 are REPEALED.

Paragraphs (2)-(4) of subdivision (e) of section 385.12 are renumbered paragraphs (3)-(5) of subdivision (e) of section 385.12, and a new paragraph (2) is added to subdivision (e) of section 385.12 to read as follows:

(2) The needs of a recipient who is required to participate in work activities and who has, without good cause, failed to comply with the requirements of this section will not be considered in determining the needs of his/her household for SNAP for the following time periods:

(i) For the first instance of failure to comply without good cause, a period of two months and thereafter until the individual complies with the requirements of this section as determined by the social services district.

(ii) For the second instance of failure to comply without good cause, a period of four months and thereafter until the individual complies with the requirements of this section as determined by the social services district.

(iii) For the third and all subsequent instances of failure to comply without good cause, a period of six months and thereafter until the individual complies with the requirements of this section as determined by the social services district.

The new paragraph (4) of subdivision (e) of section 385.12 is amended to read as follows:

(4) Eligibility may be reestablished during the disqualification period if the participating household requests that the disqualified individual be added to the household, [provided that] and the disqualified individual becomes exempt from the work requirement [other than by reason of participation in an employment program under title IV of the Social Security Act or in an unemployment compensation employment program] pursuant to section 385.3 of this Part.

The new paragraph (5) of subdivision (e) of section 385.12 is amended to read as follows:

(5) A disqualification for noncompliance with work [registration] requirements may be ended, after the time periods specified in paragraph [(1)] (2) of this subdivision, if the disqualified individual complies with the requirement which caused the disqualification [respectively, as follows:] or an alternate work assignment as determined by the social services district.

Text of proposed rule and any required statements and analyses may be obtained from:

Richard P. Rhodes, Jr., New York State Office of Temporary and Disability Assistance, 40 North Pearl Street, 16C, Albany, New York 12243-0001, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority:

The federal Supplemental Nutrition and Assistance Program (SNAP) is authorized by Chapter 51 of Title 7 of the United States Code (U.S.C.). Pursuant to 7 U.S.C. § 2011, the federal SNAP will promote the general welfare and safeguard the health and well-being of the nation’s population by raising levels of nutrition among low-income households.

Pursuant to 7 U.S.C. § 2013, the federal Secretary of Agriculture is authorized to administer the federal SNAP under which, at the request of the State agency, eligible households within the State will be provided an opportunity to obtain SNAP benefits.

Pursuant to 7 U.S.C. § 2029, the federal Secretary of Agriculture is authorized to allow States to operate SNAP Employment and Training (E&T) programs in accordance with federal requirements. The federal statute identifies, among other things, which household members may be required to participate in an E&T program, E&T program components, maximum hours of E&T participation, and disqualification period options.

Social Services Law (SSL) § 95 governs the administration of the SNAP E&T program in New York State. Pursuant to SSL § 95(1)(b), the Office of Temporary and Disability Assistance (OTDA) is authorized to be the designated agency to make SNAP benefits available for eligible needy families and individuals in New York State. Furthermore, the OTDA is authorized to perform such functions as may be appropriate, permitted or required by or pursuant to law.

2. Legislative objectives:

It was the intent of the Legislature in enacting the above statutes that OTDA establish rules, regulations and policies to enable SNAP applicants and recipients to engage in employment services so they may secure employment.

3. Needs and benefits:

The proposed changes are necessary to make OTDA regulations pertaining to noncompliance and notice requirements consistent with federal regulations and policy. SNAP applicants and recipients will benefit from these regulatory amendments as follows:

• SNAP applicants who fail to comply with work requirements without good cause are no longer subject to a durational sanction. A SNAP applicant who refuses or fails to comply with SNAP work requirements without good cause is ineligible for SNAP benefits, and the individual will be denied. The social services district (SSD) will be responsible for determining SNAP eligibility for the remaining members of a SNAP household, if any.

• SNAP recipients will have the opportunity to avoid the imposition of a SNAP sanction by timely demonstrating compliance with the work requirements of the E&T program as assigned by the SSD. SNAP recipients will also receive additional notification regarding the opportunity to present information to support claims of good cause or exemption from SNAP work requirements.

• The proposed regulatory amendments are described below:

A. Amendments to the title of Article 4 of Subchapter B of Chapter II Title 18 NYCRR and to the content description of Title 18 NYCRR:

• Replace the term “food stamp” with the term “Supplemental Nutrition Assistance Program (SNAP)” consistent with Chapter 41 of the Laws of 2012; note that the proposed regulatory amendments further reference “SNAP” as appropriate.

B. Amendments to 18 NYCRR § 385.11 Conciliation:

• § 385.11(a) clarifies that this subdivision relates to conciliation for public assistance employment requirements.

• § 385.11(b) clarifies that this subdivision relates to the grievance process for individuals assigned to public assistance work activities.

• § 385.11(b)(3) clarifies that this subdivision relates to public assistance work requirements.

• § 385.11(c) establishes a conciliation process for the SNAP E&T program, including notice requirements advising an individual of the opportunity to avoid the imposition of a SNAP E&T sanction by timely demonstrating compliance with SNAP work requirements, as assigned by the SSD.

• § 385.11(c)(1) instructs SSDs to provide a conciliation notice to SNAP recipients who have failed or refused to comply with SNAP work requirements.

• § 385.11(c)(2) instructs SSDs of the required elements of the conciliation notice, which include indicating that a failure or refusal to comply without good cause has occurred, advising the individual of the right to provide reasons for the failure or refusal to comply, advising the individual of the right to avoid a reduction or discontinuance of SNAP benefits by timely demonstrating compliance with SNAP work requirements as determined by the SSD, and advising that the individual shall have 10 calendar days from the date of the conciliation notice to request a conciliation and/or the opportunity to timely demonstrate compliance with SNAP work requirements.

• § 385.11(c)(3) instructs SSDs to issue a 10-day notice of intent to discontinue or reduce the SNAP benefit if the individual fails to contact the district within the time frame required and provide a good cause reason for their refusal or failure to comply with SNAP work requirements, or timely demonstrate compliance with SNAP work requirements as determined by the SSD.

• § 385.11(c)(4) instructs SSDs that, if the individual does contact the SSD within the 10 day timeframe established in § 385.11(c)(2), the individual may be required to produce documentation establishing their reasons for non-compliance as determined necessary by the SSD; that if the SSD determines that the individual had good cause for non-compliance, or is exempt from SNAP work requirements, the conciliation process ends; and that if the SSD determines that the individual's refusal or failure to comply was without good cause, the social services official shall issue a 10-day notice of intent to discontinue or reduce the SNAP benefit unless the individual demonstrates compliance pursuant to paragraph (5) of this subdivision.

• § 385.11(c)(5) instructs SSDs that, regardless of the determination of § 385.11(c)(4), if the individual demonstrates compliance as determined by the SSD the conciliation process ends.

• § 385.11(c)(6) instructs SSDs that the conciliation process that will be used for recipients who refuse or fail to comply with SNAP work requirements shall last no longer than 30 calendar days from the date of the conciliation notice, unless the social services official determines that the conciliation period should last longer.

C. Amendments to 18 NYCRR § 385.12 Failure to comply with the requirements of this part:

• § 385.12(b)(1) instructs SSDs to deny SNAP benefits to an applicant that refuses or fails to comply with SNAP work requirements without good cause.

• Paragraphs 2-6 of subdivision (b) of § 385.12 are renumbered and amended to read as follows:

• § 385.12(b)(2) clarifies that only a SNAP recipient is subject to a disqualification period for failure to comply with SNAP work requirements in accordance with the provisions of this section.

• § 385.12(b)(4) replaces the reference to “food stamps” with “SNAP” consistent with Chapter 41 of the Laws of 2012; note that the proposed regulatory amendments further reference “SNAP” where appropriate.

• § 385.12(b)(5) clarifies that an applicant may establish eligibility for SNAP benefits by reapplying and complying with SNAP work requirements, or documenting an exemption from SNAP work requirements as determined by the SSD, provided that the individual is otherwise eligible for SNAP benefits.

• § 385.12(b)(6) replaces the term “food stamp” with “SNAP” and the term “work registration” with the term “work requirements.”

• § 385.12(b)(7) replaces the term “work registration” with the term “work requirements” and corrects a reference to the Social Security Act.

• § 385.12(c) replaces the term “food stamp” with “SNAP” when describing “work requirements.”

• § 385.12(c)(1) deletes the descriptive phrase “who have reached age 6 but are” because a caretaker of a child under the age of 6 may be required to participate in a work experience assignment in accordance with § 385.3(a)(1)(iv); and adds “inability to participate due to a domestic violence situation” to list of examples of good cause for failure to comply with SNAP work requirements.

• § 385.12(d)(3) is amended to remove the word “local” when referencing the SSD, and to include that the individual must engage in an assigned work activity.

• § 385.12(e)(1) clarifies that an applicant who fails to comply with SNAP work requirements without good cause will be denied participation in SNAP until the applicant complies with SNAP work requirements or documents an exemption from SNAP work requirements, as determined by the SSD.

• § 385.12(e)(2) differentiates recipient disqualification for failure to comply with the requirements of this section without good cause from applicant noncompliance.

• § 385.12(e)(4) is modified to remove the phrase “other than by reason of participation in an employment program under title IV of the Social Security Act or in an unemployment compensation employment program” to be consistent with federal policy.

• § 385.12(e)(5) clarifies that SNAP eligibility may be reestablished following the disqualification period if the disqualified individual complies with SNAP work requirements as determined by the SSD.

4. Costs:

OTDA does not anticipate that the proposed changes will require significant additional staff to implement and administer. It is estimated that the Statewide costs to SSDs for preparing these notices and processing those cases that demonstrate compliance will be in the range of approximately $500,000 gross. Based on case type and the SSD’s determination consistent with federal requirements, these costs will be supported by a combination of federal and local funds. The proposed regulatory amendments are necessary to conform OTDA regulations with federal regulations and policies, including, but not limited to, a waiver approved by United States Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) to modify certain provisions required by 7 C.F.R. § 273.7(f)(1)(ii). SSDs will be required to modify current procedures consistent with the proposed amendments, when adopted. Specifically, SSDs will be required to provide a written conciliation notice to SNAP recipients who refuse or fail to comply with SNAP work requirements, similar to the conciliation process already in place for public assistance. The requirement to provide SNAP recipients the opportunity to timely demonstrate compliance to avoid a SNAP E&T sanction may require additional work assignment opportunities, depending on the number of individuals who elect to demonstrate compliance.

5. Local government mandates:

SSDs are currently required to determine work registrant status and determine appropriate work activity assignments and necessary support services for SNAP E&T participants. The proposed amendments will require SSDs to modify current procedures related to applicant noncompliance and to notify SNAP recipients of an opportunity for them to avoid a SNAP sanction by timely demonstrating compliance with SNAP E&T requirements, as required by the USDA. Federal regulations at 7 C.F.R. § 273.7(f)(1)(ii) require that a notice of adverse action issued to an individual who has refused or failed to comply with SNAP work requirements without good cause include information on or with the notice to describe the action that the individual may take to avoid disqualification before the effective date of the disqualification. OTDA discussed this requirement with several SSDs and determined that implementing this regulatory requirement through the conciliation process would reduce the administrative burden imposed upon SSDs. OTDA requested, and the USDA approved, a waiver authorizing OTDA to include this requirement as part of the conciliation process that is currently used in cases of noncompliance with public assistance work requirements. The conciliation process will be expanded to include noncompliance by non-public assistance SNAP recipients. OTDA will issue policy guidance and provide technical assistance to help SSDs implement the proposed amendments and to ensure that local procedures are consistent with federal regulations and requirements.

The proposed regulatory amendments will also benefit SNAP recipients who have refused or failed to comply with SNAP work requirements without good cause by providing them an opportunity to avoid a SNAP sanction by timely demonstrating compliance with SNAP work requirements as assigned by the SSD. The proposed amendments also provide an opportunity for SNAP recipients to provide documentation during the conciliation process supporting claims of good cause or exemption from SNAP work requirements.

6. Paperwork:

The proposed amendments will require SSDs to issue a conciliation notice informing a SNAP recipient of the failure to comply with SNAP work requirements and of the opportunity to avoid a SNAP E&T sanction by timely demonstrating compliance within certain timeframes. OTDA has amended the conciliation notice issued to individuals who refuse or fail to comply with public assistance work requirements without good cause to include information regarding the opportunity to demonstrate compliance or to provide documentation demonstrating either good cause or an exemption from SNAP work requirements in those instances where the noncompliance applies to both public assistance and SNAP. The revised conciliation notice should reduce the number of separate notices that an SSD may need to issue for noncompliance with SNAP work requirements; however, OTDA will also provide a separate notice for SSDs to use when the noncompliance only applies to the SNAP program.

7. Duplication:

These proposed amendments do not duplicate, overlap, or conflict with any existing State or federal regulations.

8. Alternatives:

The proposed amendments must be implemented to render OTDA regulations related to applicant noncompliance and notice requirements for recipient noncompliance with SNAP work requirements consistent with federal regulations and policy. SSDs must implement these changes to ensure that local procedures are consistent with federal regulations and policy. The amendments are proposed pursuant to the waiver granted by the FNS authorizing New York State to proceed in this regard. OTDA has determined that the proposed regulatory amendments will present less of an administrative burden to SSDs than would implementation absent the FNS waiver. The proposed amendments will also benefit SNAP recipients who have refused or failed to comply with SNAP work requirements without good cause by affording SNAP recipients an opportunity to avoid SNAP sanctions by timely demonstrating compliance with SNAP work requirements, as assigned by the SSD, or, where applicable, to provide documentation during the conciliation process supporting claims of good cause or exemption from SNAP work requirements.

9. Federal standards:

The proposed changes are necessary to make OTDA regulations related to SNAP applicant noncompliance and notice requirements, and their implementation through local procedures, consistent with federal regulations and policy.

10. Compliance schedule:

OTDA will provide necessary systems changes, client notification procedures, and an administrative directive to SSDs and agencies to assist in this process. SSDs will have the opportunity to review and comment on the program directive prior to final issuance by OTDA and will have time allotted to implement new procedures.

Regulatory Flexibility Analysis

1. Effect of rule:

The proposed amendments will have an effect on local governments, specifically, social services districts (SSDs), but not on small businesses.

2. Compliance requirements:

The proposed amendments will have no effect on small businesses. SSDs are currently required to determine work registrant status, appropriate work activity assignments, and necessary support services for the Supplemental Nutrition and Assistance Program (SNAP). The proposed amendments will require SSDs to modify current procedures related to SNAP applicant noncompliance, to offer conciliation to SNAP recipients who refuse or fail to comply with SNAP work requirements, including those individuals who are applying for or receiving public assistance, and to offer an opportunity for SNAP recipients to avoid a SNAP Employment & Training (E&T) sanction by timely demonstrating compliance with SNAP work requirements, as directed by the SSD. The opportunity to discuss compliance with SNAP work requirements will be afforded through a conciliation process similar to the process used for noncompliance with public assistance work requirements already in place. OTDA will issue policy guidance and provide technical assistance to help SSDs implement the proposed changes to ensure local procedures are consistent with federal regulations and requirements. OTDA has amended the conciliation notice to be issued to individuals who refuse or fail to comply with public assistance work requirements without good cause to advise these individuals of the opportunity to timely demonstrate compliance with SNAP work requirements, or, where applicable, to provide documentation supporting claims of good cause or an exemption from SNAP work requirements in those instances where the noncompliance applies to both public assistance and SNAP. The revised conciliation notice used for noncompliance with public assistance work requirements should reduce the number of separate notices that SSDs need to issue for noncompliance with SNAP work requirements. OTDA will also provide a separate notice for SSDs to use when the noncompliance applies only to the SNAP program. SSDs that elect to use a local equivalent form will be required to amend their local conciliation notice, subject to OTDA approval.

3. Professional services:

The requirement to deny SNAP benefits to a nonexempt applicant who refuses or fails to comply with SNAP work requirements without good cause should not require additional SSD staff to implement. OTDA will revise the Client Notices System to support this change and provide technical assistance to help SSDs implement this change. The requirements to offer conciliation to SNAP recipients who refuse or fail to comply with SNAP work requirements and to provide SNAP recipients the opportunity to timely demonstrate compliance in order to avoid a SNAP E&T sanction may require an SSD to develop additional work assignment opportunities, depending on the number of individuals who opt to reengage and timely demonstrate compliance, and may require SSD staff to explain program options to individuals who fail to comply.

4. Compliance costs:

The proposed amendments will not affect small businesses. SSDs will be required to modify local procedures, by denying a nonexempt SNAP applicant who refuses or fails to comply with SNAP work requirements without good cause and by offering conciliation to SNAP recipients, including the issuance of a written conciliation notice informing recipients of the opportunity to demonstrate either compliance with or exemption from SNAP work requirements within a designated time period to avoid a SNAP sanction. OTDA does not anticipate that the proposed amendments will significantly increase costs to local governments. It is estimated that the Statewide costs to SSDs for preparing these notices and processing those cases that demonstrate compliance will be in the range of approximately $500,000 gross. Based on case type and the SSD’s determination consistent with federal requirements, these costs will be supported by a combination of federal and local funds.

5. Economic and technological feasibility of compliance:

The proposed amendments will not affect small businesses. SSDs currently have the economic and technological abilities to comply with these proposed regulations. OTDA will provide necessary systems changes, client notification procedures, and an administrative directive (ADM) to SSDs and agencies to assist with implementation, and will also issue policy guidance and provide technical assistance to help SSDs implement the proposed changes to ensure that local procedures are consistent with federal regulations and requirements.

6. Minimizing adverse impact:

These proposed amendments will not affect small businesses. OTDA does not anticipate significant adverse economic impact on local governments. OTDA will issue policy guidance and provide technical assistance to help SSDs implement the proposed changes to ensure that local procedures are consistent with federal regulations and requirements. The amended conciliation notice used for noncompliance with public assistance work requirements should reduce the number of separate notices that SSDs need to issue for noncompliance with SNAP work requirements.

7. Small business and local government participation:

The proposed amendments will not affect small businesses. The primary purpose for the promulgation of this rule is to bring State regulations regarding the SNAP E&T program into compliance with federal requirements. The proposed amendments will require SSDs to implement changes, but OTDA does not anticipate that the proposed amendments will have a significant adverse economic impact on local governments. OTDA will issue an ADM explaining the regulatory amendments and addressing their implementation by the SSDs. All SSDs will have an opportunity to review and comment on the draft version of the ADM. OTDA will also update its “New York State Temporary Assistance and SNAP Employment Policy Manual” (Policy Manual) to reflect the regulatory amendments. This update will include a detailed “Summary of Changes” setting forth the regulatory sections amended and explaining the revisions in detail, and SSDs will be afforded the opportunity to contact OTDA with any questions or concerns regarding the Policy Manual updates.

Rural Area Flexibility Analysis

1. Types and estimated numbers of rural areas:

The proposed amendments will affect the process and procedures used by the 44 rural social services districts (SSDs) in the State when a nonexempt individual refuses or fails to comply with Supplemental Nutrition Assistance Program (SNAP) work requirements.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

Rural SSDs are currently required to determine work registrant status and determine appropriate work activity assignments and necessary support services for SNAP Employment and Training (E&T). Rural SSDs will be required to deny SNAP benefits to a non-exempt applicant who refuses or fails to comply with SNAP work requirements without good cause. Rural SSDs will also be required to modify local procedures by offering conciliation and an opportunity for SNAP recipients to timely demonstrate compliance with SNAP work requirements, including issuing a written notice to recipients that refuse or fail to comply with SNAP work activity assignments, similar to the conciliation process that is already in place for public assistance. Rural SSDs will be required to inform the recipient of the opportunity to demonstrate compliance with SNAP work requirements within a designated period of time to avoid a SNAP sanction. This proposed regulatory amendment may require rural SSDs to develop additional work assignment opportunities, depending on the number of individuals who elect to demonstrate compliance to avoid a SNAP E&T sanction. Additionally, the proposed amendments will eliminate the durational sanctions for SNAP E&T applicants. Nonexempt SNAP applicants who refuse or fail to comply with SNAP work requirements without good cause will be denied SNAP benefits. Rural SSDs will also be responsible for determining the SNAP eligibility of the remaining members of a SNAP household, if applicable, in those instances in which a SNAP applicant is denied SNAP benefits for refusing or failing to comply with SNAP work requirements without good cause.

However, notwithstanding the foregoing, OTDA does not anticipate that the proposed amendments will require significant additional SSD staff to implement and administer. It is anticipated that with the issuance of OTDA’s guidance documents and client notice changes, rural SSDs will not have significant difficulties implementing these procedural changes.

3. Costs:

OTDA does not anticipate that the proposed amendments will require rural SSDs to hire significant additional staff to implement and administer these changes. It is anticipated that the proposed regulatory amendments will have some small impact on the rest of State administrative costs. These proposed amendments are necessary to render State regulations pertaining to the SNAP E&T program consistent with federal regulations and policy. The proposed amendments will require rural SSDs to deny SNAP benefits to a nonexempt SNAP applicant who refuses or fails to comply with SNAP work requirements without good cause. Rural SSDs will also be required to modify local procedures by offering conciliation and the opportunity to timely demonstrate compliance with SNAP work requirements to SNAP recipients, including issuing a written notice to recipients who refuse or fail to comply with SNAP work activity assignments, similar to the conciliation process already in place for public assistance. Affording SNAP recipients the opportunity to demonstrate compliance with SNAP work requirements prior to the imposition of a SNAP E&T sanction, and thereby avoid such a sanction, may require rural SSDs to provide additional work assignment opportunities, depending on the number of individuals who elect to demonstrate compliance in order to avoid a SNAP E&T sanction. It is estimated that the Statewide costs to SSDs for preparing these notices and processing those cases that demonstrate compliance will be in the range of approximately $500,000 gross. Based on case type and the SSD’s determination consistent with federal requirements, these costs will be supported by a combination of federal and local funds.

4. Minimizing adverse impact:

OTDA does not anticipate that the proposed amendments will have a significant adverse impact on rural SSDs. OTDA will issue policy guidance and provide technical assistance to help rural SSDs implement the proposed amendments and to ensure that local procedures are consistent with OTDA regulations and federal regulations and requirements. Use of the revised conciliation notice should reduce the number of separate notices that rural SSDs need to issue for noncompliance with SNAP work requirements. The only new notice required will be that used for SNAP-only recipients who refuse or fail to comply with SNAP work requirements as assigned by rural SSDs.

5. Rural area participation:

The proposed rule is intended to render State regulations pertaining to SNAP work requirements consistent with federal regulations and requirements for all SSDs. The proposed amendments will afford SNAP recipients the opportunity to demonstrate compliance with SNAP work requirements to avoid a SNAP E&T sanction. SNAP recipients will also be able to present information to support claims of good cause or exemption from SNAP work requirements during the conciliation process, before the issuance of a SNAP E&T sanction notice.

OTDA plans to develop an administrative directive (ADM) explaining the regulatory amendments and addressing their implementation by rural SSDs. All SSDs, including rural SSDs, will have an opportunity to review and comment on the draft version of the ADM. Additionally, OTDA will update its “New York State Temporary Assistance and SNAP Employment Policy Manual” (Policy Manual) to reflect the regulatory amendments. This update will include a detailed “Summary of Changes” setting forth the regulatory sections amended and explaining the revisions in detail. The rural SSDs will be afforded the opportunity to contact OTDA with any questions or concerns regarding the updates to the Policy Manual.

Job Impact Statement

A Job Impact Statement is not required for the proposed amendments. The nature and the purpose of the proposed amendments will not have a substantial adverse impact on jobs and employment opportunities in the State. Furthermore, the proposed amendments will not significantly affect the jobs of employees in the social services districts (SSDs).

The proposed amendments will change the consequence that is imposed when a nonexempt applicant refuses or fails to comply with Supplemental Nutrition and Assistance Program (SNAP) Employment and Training (E&T) work requirements without good cause. The proposed amendments will also alter the policy and procedure in place when a SNAP applicant fails or refuses to comply with an assigned work activity without good cause by eliminating the durational nature of any sanction. The proposed amendments will further require SSDs to make changes to local procedures to ensure that recipients who refuse or fail to comply with SNAP work requirements are informed, in writing, of the opportunity to avoid a SNAP E&T sanction by demonstrating compliance with SNAP work requirements within a designated period of time before the sanction is imposed.

SSD staff will be required to provide a written conciliation notice to SNAP recipients who refuse or fail to comply with SNAP work requirements, similar to the conciliation process currently in place for public assistance. The requirement to provide SNAP recipients the opportunity to demonstrate compliance to avoid a SNAP E&T sanction may require SSDs to develop additional work assignment opportunities, depending on the number of individuals who elect to demonstrate compliance to avoid a SNAP E&T sanction.

However, OTDA does not anticipate that the proposed amendments will require SSDs to hire significant additional staff or to substantially change the duties of existing SSD staff to implement and administer. It is anticipated that with the issuance of OTDA’s guidance document and revision of the written conciliation notice currently used in cases of noncompliance with public assistance work requirements, SSD staff should not have any significant difficulty implementing these procedural changes. Consequently, OTDA does not anticipate that the proposed amendments will have any adverse impact on jobs and employment opportunities in the State.