(Revised 10/01/18 ML3532)
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IM 5386
Amended IM 5386
The conciliation period is used to provide the mandatory BEST participant with an opportunity to comply with the program.
Once it has been determined good cause does not exist for non-compliance, the conciliation period begins for 30 calendar days. The worker must contact the individual by using F803 - BEST Non-Compliance Conciliation Notice.
If the individual responds within the 30-day period and it is determined the indivdual did not comply or is not exempt, begin disqualification procedures by issuing Notice F425 - BEST Non-Compliance or the F733-Decrease in Benefits-Non Compliance with BEST. The reason for noncompliance must be included in the space provided on the notice. The reason for the disqualification must be documented in the case narrative.
To avoid Notice of Adverse Action (issuance of Notice F425 or F733), the individual must perform a verifiable act of compliance, by attending the orientation session. Verbal commitment by the individual is not sufficient, unless the individual is prevented from immediately complying by circumstances beyond the household member’s control, such as the availability of a suitable component.
If it is apparent that the individual will not comply (i.e., the individual refuses to comply and does not have good cause or is not exempt), issue Notice F425 or F733.
If Notice F425 or F733 is issued before the end of the 30-day conciliation period and it is verified that the individual complied, has good cause or is exempt, the action indicated on the notice must be canceled.
If the individual does not respond within the 30-day period, issue Notice F425 or F733 at the end of the 30-day period. The reason for noncompliance must be included in the space provided on Notice F425 or F733. The reason for the disqualification must be documented in the case narrative.
