Tribal NEW Sanctions 400-19-80-40

(Revised 6/1/10 ML #3218)

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A sanction recommended by Tribal NEW will have the same impact on an individual and will be processed in the same manner as a sanction recommended by the State JOBS program.  The process for imposing a sanction against a Tribal NEW participant is the same as that described in Section 400-19-85-15, Imposing a JOBS or Tribal NEW Sanction an Open Case or Section 400-19-85-20, Imposing a JOBS or Tribal NEW Sanction on a Closed Case.

 

Once a referred TANF client keeps the initial appointment with Tribal NEW, the TANF client will be considered a Tribal NEW participant. If the participant then fails to comply with the requirements of the Tribal NEW Service Plan, Tribal NEW staff shall determine if the participant had good cause for failure to comply.

  1. If Tribal NEW determines the participant had good cause for the failure to comply, a recommendation for sanction will not be made and the participant will be expected to continue involvement in Tribal NEW.
  2. If Tribal NEW determines that the participant did not have good cause for the failure to comply, Tribal NEW shall recommend a sanction be imposed against the participant.  Tribal NEW shall include a written detailed chronological history of the individual’s failure or refusal to participate, the individual’s good cause reason (if a good cause reason was provided), and any actions taken.

When action is taken to reduce a Tribal NEW participant’s TANF grant, the individual has a right to appeal the adverse action. An appeal regarding a TANF grant reduction will be heard by the Office of Administrative Hearings in accordance with N.D.A.C. § 75-01-03. For additional information regarding the appeal process, see Section 400-19-125-15, Requesting a Fair Hearing – JOBS or Tribal NEW Sanction.

 

A Tribal NEW participant may also have appeal rights with respect to decisions or actions made within the Tribal NEW program. Tribal NEW participants should be encouraged to speak with the Director of their respective Tribal NEW program to determine their right to and process for appeals within Tribal NEW.