Notice Requirements When Imposing a JOBS or Tribal NEW Sanction 400-19-85-25

(Revised 6/1/10 ML #3218)

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Once a TANF Eligibility Worker has determined that a sanction is appropriate, the sanction must be imposed as soon as possible keeping in mind that adequate notice must be provided before the household’s TANF benefit is reduced. This will allow the household to receive the sanction notice no later than the date it would normally receive its TANF benefit.

 

To ensure that the household is provided adequate notice of the sanction prior to the reduction of the TANF benefit, the TANF Eligibility Worker must generate a TANF Sanction Notice, or another TANF notice that includes the sanction information including the N.D.A.C. cite, no later than the close of business on the 3rd to the last working day of a month.

 

The TANF Sanction Notice informs individuals of the potential consequences for failing to cure the sanction. Since the sanction notice addresses the potential for case closure, sending a TANF closing notice is not required if the case is closing for sanction progression only.

 

A sanction cannot be imposed on the last two working days of the month as the benefit amount for the future month cannot be decreased without adequate notice.  In this situation, the TANF Eligibility Worker must wait until the first day of the next month to impose the sanction. (See Section 400-19-85-15, Imposing a JOBS or Tribal NEW Sanction on an Open Case and Section 400-19-85-20, Imposing a JOBS or Tribal NEW Sanction on a Closed Case.)