Requesting a Fair Hearing - JOBS or Tribal NEW Sanction 400-19-125-15

(Revised 6/1/10 ML #3218)

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When a JOBS Sanction is imposed, TANF recipients are informed, via the TANF Sanction Notice, of their right to appeal. While a JOBS sanction is not appealable, the adverse effects of a JOBS sanction are appealable.  

 

When an individual appeals the adverse action resulting from the imposition of a JOBS sanction in a timely manner (within 10-calendar days from the print date of the sanction notice) any action to reduce the individual’s TANF benefit (based on the sanction penalty) must be placed on hold pending the outcome of the Fair Hearing unless the individual requests to have their benefit reduced.

Note: If the individual’s needs have already been removed from the household’s TANF benefit, the TANF Eligibility Worker shall create an underpayment for that month and issue a supplemental payment to the household. An otherwise eligible individual and their household shall continue to receive a monthly TANF benefit pending the outcome of the fair hearing.

 

The TANF Eligibility Worker must create and send a "TANF Benefits Pending Hearing Decision" notice immediately after placing the individual's sanction on hold. Doing so will provide official notice to the individual that if the individual completes a Proof of Performance,  prior to the end of the Sanction Penalty Month, it will reduce the financial consequences of the sanction, in the event that the individual loses the appeal.

  

Even though an individual’s sanction may have been placed on hold, it is in the sanctioned individual’s best interest to cure the sanction during the Sanction Penalty Month. Doing so will reduce the consequences of the sanction in the event the individual loses the appeal.

Note: Even though a sanction may have been placed on hold, additional sanctions can be imposed during the appeal period.  An individual would have to appeal the adverse action resulting from the imposition of each additional sanction.

 

If an individual’s fair hearing request is not considered timely but is received within 30 days from the print date of the sanction notice, the fair hearing request will be honored, but the sanction will not be placed on hold and the effects of the sanction will be imposed. If the individual fails to cure the sanction prior to the last day of the Sanction Penalty Month, the case will close.