Failure or Refusal to Enroll or Participate in the JOBS or Tribal NEW Program 400-19-75-40-30

(Revised 9/1/2021 ML #3629)

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(N.D.A.C. 75-02-01.2-102)

 

A failure or refusal of a non-exempt individual to participate in the JOBS or Tribal NEW Program occurs any time the individual:

  1. Fails to attend a scheduled appointment;
  2. Fails to participate in an approved work activity;
  3. States an unwillingness to participate in any approved work activity;
  4. Fails to contact the JOBS or Tribal NEW within seven (7) calendar days from the print date of the referral to schedule an appointment to begin involvement in the program;
  5. Refuses, despite apparent ability, to maintain satisfactory progress in any approved work activity; or
  6. Fails to comply with the requirements of the Employability Plan (EP);

 

When an individual fails or refuses to participate in JOBS or Tribal NEW, the individual shall be provided an opportunity to present any good cause reason prior to the imposition of a sanction. Either the eligibility worker or the JOBS Employment Contractor may oversee the good cause determination process.

  1. The JOBS Employment Contractor oversees the good cause determination process for individuals enrolled in the JOBS Program.  

Exception: When an individual moves and must resume participation in a new Tribal NEW Program, the eligibility worker is responsible to initiate the good cause determination process and impose a sanction, if appropriate. (See Section 400-19-75-40-25-10, Resuming Participation With a New Tribal NEW Program after a Move to Another Human Service Zone).

  1. The eligibility worker oversees the good cause determination process when an individual fails to enroll in JOBS or Tribal NEW. The JOBS Employment Contractor or Tribal NEW staff must notify the eligibility worker when an individual fails to enroll. This can be accomplished by returning the referral or sending an electronic or hard copy notification.

Exception: When an individual moves and must resume participation in the same Tribal NEW, Tribal NEW is responsible to initiate the good cause determination process and recommend sanction, if appropriate. (See Section 400-19-75-40-25-05 Resuming Participation in JOBS or the Same Tribal NEW Program after a Move to Another Human Service Zone).

 

Note: A good cause determination meeting is not required in instances where an individual fails to comply with JOBS Up-front eligibility requirements (which may include completion of a Proof of Performance). (See Section 400-19-75-40-35-05, Eligibility Worker Responsibility).