New
Mexico Register / Volume XXXIII, Issue 24 / December 27, 2022
8.102.620.10 CHILD SUPPORT AND NMW NON-COOPERATION PAYMENT SANCTIONS:
A. General:
(1) The benefit group shall be subject to
a non-cooperation payment sanction under either or both of the following
circumstances:
(a) failure by a benefit group member to
meet NMW requirements; or
(b) failure by the adult responsible for
children included in a benefit group to meet child support enforcement division
(CSED) cooperation requirements or both;
(c) good
cause will be evaluated based on the circumstances of each instance of
non-cooperation.
(2) Occurrence of non-cooperation:
(a) Child support:
(i) A
benefit group shall be subject to a payment sanction for failure to comply with
CSED cooperation requirements, even if the adult required to cooperate with
child support requirements is not included in the benefit group.
(ii) Each benefit group member that fails
to cooperate with the NMW requirement is subject to a sanction and shall affect
the benefit group.
(iii) An occurrence of non-cooperation shall
be applied when a sanction progresses to the next sanction level as a result of the noncompliance continuing for three
consecutive months without the sanctioned participant reestablishing
compliance. Progression to the next
sanction level shall be effective in the fourth month.
(iv) A first or second level sanction is considered to be cured upon full cooperation by the
sanctioned participant or a sanction shall be reversed based on a hearing
decision when the sanction imposed is determined to be invalid.
(b) NMW:
(i) A
benefit group is subject to a payment sanction when a participant in the
benefit group fails to cooperate with the NMW requirements absent a finding of
good cause.
(ii) In a two-parent benefit group, each
mandatory benefit group member that fails to cooperate with the NMW
requirements is subject to a sanction that affects the benefit group’s sanction
level and payment.
(iii) A participant shall not be sanctioned
for more than one NMW requirement element at one time. A participant may be sanctioned for the same
or a different NMW requirement element only after the original sanction element
is cured or reversed. A first or second level sanction may be cured upon full
cooperation by the sanction participant and a sanction shall be reversed based
on a hearing decision when the sanction imposed is determined to be invalid.
(iv) A
participant with limited participation status may not be sanctioned [for failure to meet hours or failure to
provide a time sheet as identified on the approved work participation
agreement.
(iv) A
participant with limited participation status may not be sanctioned [for
failure to meet the work participation requirement] for failure to meet
hours or failure to provide a time sheet [rates] as identified on
the approved work participation agreement.
(v) An occurrence of non-cooperation shall
be applied when a sanction progresses to the next sanction level as a result of the noncompliance continuing for three
consecutive months without the sanctioned participant reestablishing
compliance. Progression to the next sanction level shall be effective in the
fourth month.
(3) Cumulative sanctions:
(a) Non-cooperation sanctions are
cumulative within the benefit group and shall occur when:
(i) the
participant fails to comply with the NMW and child support enforcement requirements;
(ii) more than one participant in the
benefit group have failed to comply with either the NMW and
child support enforcement requirement.
(b) Cumulative sanctions, whether or not cured, shall remain the property of that
benefit group participant who caused the sanction.
(i) A
participant with a sanction who leaves a benefit group relieves the benefit
group of that participant’s sanction status.
(ii) A participant with a sanction who
joins another benefit group subjects the new benefit group to any sanction or
sanction level that has not been cured prior to joining the benefit group.
(c) The benefit group’s cumulative
sanctions and benefit level shall be reevaluated when a sanction is cured or
reversed.
(4) Progressive sanctions:
(a) Non-cooperation sanctions are
progressive to both the participant and to the benefit group and shall progress
to the next level for the benefit group in which the sanctioned participant
resides when:
(i) a
participant fails to establish compliance in three-month increments; or
(ii) a participant fails to comply with NMW
or CSED requirements as a separate occurrence.
(b) A sanction that is not cured for three
consecutive months shall progress until compliance is established by the participant.
(c) A participant’s compliance cannot
reverse the sanction level attributed to the benefit group. Any subsequent
sanction is imposed at the next higher level, unless reversed by a hearing
decision.
B. The conciliation process:
(1) When conciliation is available: Conciliation shall be available to a
participant or applicant once during an occurrence of assistance. There must be a period of at least 12 months
between occurrences of cash assistance in order for a
conciliation to be available again to the benefit group. NMW conciliation and child support
conciliation are independent and are counted separately from each other.
(2) Determining that noncompliance has
occurred:
(a) The determination of noncompliance
with child support shall be made by CSED.
The conciliation and sanctioning process for child support noncompliance
is initiated upon receipt of notice from CSED that the participant or applicant
has failed to cooperate. Under 8.102.420
NMAC, the non-cooperative participant or applicant shall be individually
disqualified from participation in the benefit group.
(b) The determination of noncompliance
with NMW requirements shall be made by the caseworker. A finding of noncompliance shall be made if:
(i) the
participant has not completed an assessment;
(ii) the participant fails or refuses to
complete an IRP;
(iii) the participant fails or refuses to
submit an approvable WPA;
(iv) the participant fails to submit timely
documentation showing completion of required work hours;
(v) the
participant’s monthly attendance report shows fewer than the minimum required
hours of participation and no other allowable hours of activity can be
reasonably attributed by the caseworker towards the monthly participation requirement.
(3) Initiating conciliation: Within 10 days of determining that
noncompliance exists, the caseworker shall take action to initiate a
conciliation, if the participant’s conciliation has not been used. A conciliation is initiated by the department
or its designee issuing a conciliation notice.
CSED shall determine noncompliance and notify the caseworker who shall
initiate the conciliation process.
(4) Conciliation period: Conciliation gives a participant a
30-calendar day period to correct the current non-compliance for either a NMW
participation or CSED requirement.
(a) The conciliation process is
established by the department, to address the noncompliance, identify good
cause for noncompliance or barriers to compliance and shall occur only once
prior to the imposition of the sanction.
(i) The
participant shall have ten working days from the date a conciliation notice is
mailed to contact the department to initiate the conciliation process. A participant who fails to initiate the conciliation
process shall have a notice of adverse action mailed to him after the 10th
working day following the date on which the conciliation notice is mailed.
(ii) Participants who begin but do not
complete the conciliation process shall be mailed a notice of adverse action 30
days from the date the original conciliation was initiated. The benefit group shall be subject to
sanction in the month following the month the notice of adverse action expires.
(b) Non-cooperation with CSED requirements: When the participant has initiated the
conciliation process, it is the participant's responsibility to contact CSED
and to comply with requirements or to request a waiver from CSED due to good
cause. If the caseworker does not
receive confirmation from CSED within 30 days of issuing the conciliation
notice that the participant is cooperating or has requested a waiver for good
cause in accordance with 8.50.105.14 NMAC; the conciliation process shall be
considered to have failed the benefit group shall be subject to payment
sanctioning.
(c) The caseworker shall make the
determination whether arrangements have been made to meet NMW requirements or
whether there is good cause for waiving the cooperation requirements. If arrangements to meet the requirement or to
waive it have not been made by the 30th day following issuance of the
conciliation notice, the conciliation shall be considered to have failed and
the participant is subject to sanctioning.
C. Sanctioning:
(1) Within 10 days of determining that a
participant has failed to meet a NMW requirement, department or its designee
shall issue notice of adverse action that the payment shall be reduced. The payment reduction shall take place with
the first payment following expiration of the notice of adverse action.
(2) Notice of adverse action shall apply
to all NMW and child support noncompliance sanctions, including those relating
to the conciliation process.
(3) A participant who corrects the failure
of compliance with NMW or child support enforcement requirements during the
notice of adverse action 13-day time period shall not
have the sanction imposed against the benefit group or payment amount. The sanction shall not count as a cumulative
or progressive sanction, since the reason for the
sanction was corrected during the time period of the notice of adverse action
and prior to a benefit reduction being imposed.
A participant who has failed to meet work participation hours cannot
correct the sanction during the notice of adverse action time
period.
(4) Failure to comply during the notice of
adverse action 13-day time period shall cause the
sanction to become effective for a minimum of one month. If the participant later complies with the
NMW compliance requirements, as determined by the department, the sanction may
be removed, so long as the participant has received at least one month of
reduced benefit due to sanction.
(a) A
child support enforcement sanction shall be removed after CSED notifies the
caseworker that the participant is in compliance with
child support enforcement requirements.
(b) A
NMW sanction shall be removed after the caseworker receives verification that
the participant has completed an assessment; or has completed an IRP; or has
completed a WPA that indicates the appropriate number of monthly hours in work
activities; or has met NMW participation hours for at least 30 days; or has
good cause to waive work participation requirements.
D. Sanction levels:
(1) First-level sanction:
(a) The first level sanction for failure
to comply shall result in a sanction of twenty-five percent of the standard of
need. The benefit group shall be given
notice of the imposition of the sanction.
(b) A first level sanction that is not
cured for three consecutive months shall progress to a second level sanction.
(2) Second-level sanction:
(a) The second level of sanction for
failure to comply shall result in a decrease of fifty percent of the standard
of need. The second level shall be
initiated by:
(i) failure
to comply with NMW participation or child support enforcement requirements for
more than three months; or
(ii) a second occurrence of noncompliance
with a NMW or CSED requirement by a participant; or
(iii) failure of a participant to comply with
both CSED and NMW participation requirements simultaneously. The group shall be given concurrent notice of
imposition of the second-level sanction.
(b) A second level sanction that is not
cured for three consecutive months shall progress to the third level as
described below.
(3) Third-level sanction:
(a) The third sanction level is case
closure for a period of not less than six months. The group shall be given
notice of adverse action prior to imposition of the sanction.
(i) Once
a participant is sanctioned at the third level, any subsequent occurrence of
failure to comply with NMW or CSED requirements shall immediately result in a
third level sanction, and case ineligibility for six months.
(ii) The
TANF grant will be counted as unearned income for SNAP benefits for the six month period of ineligibility in accordance with
8.139.520 NMAC.
(b) TANF applications received after a
six month closure period will be reviewed for
eligibility.
(i) Based
on eligibility the TANF will be approved and all
mandatory members will be required to meet the NMW compliance requirements set
forth in 8.102.460 NMAC;
(ii) If
ISD determines the applicant is still non-compliant with CSED, the sanction
will remain and the application will be denied.
E. Sanctions by other states or other
programs: Participants in sanction status for failure
to participate in other programs, such as the food stamp E&T program, or
another state's or tribal TANF program, shall not carry that sanction status
into NMW.
F. Sanctions with respect to voluntary
participants: A voluntary participant is not subject to
sanction for failure to participate, but shall be removed from the NMW and lose
eligibility for support services
G. Good cause:
(1) Good cause applies to timely
completion of assessment, IRP, WPA, work participation rates, and cooperation
with the child support enforcement division.
(2) Good
cause for failure to meet the NMW requirements.
(a) Good
cause may be considered to exist for no more than 30 days in the event of:
(i) family
death;
(ii) hospitalization;
(iii) major injury to the participant or a
benefit group member for whom the participant has been the primary caretaker;
(iv) reported domestic violence;
(v) catastrophic event; or
(vi) it
is shown the department did not provide the participant reasonable assistance
to complete the assessment, IRP, or WPA.
(b) The
participant must meet with the NMW service provider prior to the end of the
30-day period to establish a WPA for the full participation standard beginning
on day 31 or must request a limited work participation status prior to the end
of the 30-day period. The participant
may be subject to sanction for failure to complete a WPA if a new WPA has not
been established by day 31.
(i) A participant with good cause
for failure to meet the NMW requirements, who expects the cause of failure to
continue for more than 30 days, must contact the department to review the
participant’s circumstances.
(ii) Under
no conditions shall good cause be granted for more than 30 days during any
given reporting period.
(3) Good
cause shall be considered when the department has failed to submit a notice in
accordance with the requirements of adverse action notices, to the participant
or provide available support services that would adversely affect the
participant’s ability to timely meet work participation requirements.
(4) Good cause for refusal to cooperate
with the child support enforcement requirements: In some cases it may
be determined by the CSED that the TANF/NMW applicant’s/recipient’ refusal to
cooperate is with good cause in accordance with 8.50.105.14 NMAC. Any person requesting a good cause exemption
to a TANF/NMW requirement to cooperate must complete a request for a good cause
exemption on a form provided by the CSED and provide any documentation
requested by CSED. The request for a
good cause exemption will be reviewed by the CSED and the requestor will be
informed of the decision in writing. The
requestor’s failure or refusal to complete the form or provide the requested
documentation will result in an automatic denial of the request. The department may offer
assistance to complete the form or obtain the necessary documentation,
as appropriate.
(5) It
is the applicant’s/recipient’s responsibility to inform the department if they
are unable to meet the NMW compliance requirements or CSED cooperation
requirements.
[8.102.620.10 NMAC - Rp 8.102.620.10 NMAC,
07/01/2001; A, 02/14/2002; A, 11/15/2007; A, 04/01/2012; A, 07/01/2013; A,
09/01/2017; A, 1/1/2023]