Tracking #2009-00188
FA/P 6/5/09, eff. 8/1/09

I:/08101002.rtf
[I:/08101002.doc]

(9 CCR 2503-1)

[Instruction note:  Statement of Basis and Purpose is included with Tracking #2009-00291 (#09-1-15-1)].

**********

[Instructions:  replace lines 1145260 through 1145273.] 
3.626.12  Recognizing Sanctions from Other Counties [Rev. eff. 8/1/09]
All sanctions shall be cured when a participant moves from one county to another. If a sanction occurred in a county of previous residence, it must be cured in the new county prior to cash assistance approval. The criteria that are used to cure such sanction can be found at Section 3.626.2, F, 3. 
3.626.13  Recognizing Sanctions from Other States [Eff. 8/1/09]
IRC sanctions coming from other states will not be recognized in the State of Colorado. 
3.626.14  Effect of a Colorado Works Sanction on Food Stamps and Medicaid [Rev. eff. 8/1/09]
Sanctions imposed pursuant to Section 3.626.1 shall not adversely affect the participant’s eligibility to receive Medicaid or Food Stamps beyond those allowable in federal and state law.
3.626.15  When to Impose a Sanction [Rev. eff. 8/1/09]
Counties shall set forth in county policy with guidance from the State Department and the rules found at Section 3.626.2, et seq.: 
A.  The circumstances that result in a sanction due to the IRC; and,
B.  Good cause for not imposing a sanction(s).
3.626.2  EFFECT OF SANCTION ON THE ASSISTANCE GRANT
3.626.21  Effect on the Colorado Works Cash Benefit [Rev. eff. 8/1/09]
The Colorado Works cash benefits grants shall be affected due to a sanction imposed against a member of the assistance unit as follows: 
A.  First Level Sanction
The sanction for the first violation of rules as established in Section 3.626.1 shall be twenty-five percent (25%) of an assistance unit’s cash benefit. The first sanction shall be in effect for one (1) month. A first violation not cured by the end of the sanction time period shall be subject to the sanction as set forth in "B, below.
B.  Second Level Sanction
The sanction for a second violation by a member of the assistance unit, or as a progression of the sanction from "A", above, shall be fifty percent (50%) of an assistance unit’s cash assistance. The second sanction shall be in effect for one (1) month. A violation, sanctioned in accordance with this subsection and not cured by the end of the sanction time period, shall progress to the sanction set forth in "C", below.
C.  Third Level Sanction
The sanction for a third violation by a member of the assistance unit, or as a progression from sanction level “B”, above, shall result in the termination of cash assistance for the assistance unit. The sanction shall be in effect for three (3) months. 
D.  Continuing a Sanction That Has Not Been Cured
Assistance units that include an individual who has not cured a third level sanction by the end of the sanction time period shall continue to have cash assistance terminated until the sanction is cured. A new application, assessment, and IRC must be completed prior to receipt of cash assistance.
E.  Sanctioning a Participant That Has Been Sanctioned Previously
Once a participant serves a third level sanction under Section "C", above, all subsequent sanctions shall be sanctioned in accordance with level "C".
F.  Sanctioning More Than One Participant in an Assistance Unit
Each violation of these rules during a pay period by a member of the assistance unit shall be counted separately and sanctioned cumulatively such that if the member of the assistance unit violates two requirements as specified at Section 3.626.1 within the same time period, the sanction would be 50% of the grant for the assistance unit. Similarly, if two members of the same assistance unit each violate a requirement at Section 3.626.1, the sanction(s) would result in a 50% reduction in the grant for the assistance unit.
G.  Serving and Curing a Sanction
All sanctions imposed by a county must be served and cured by the individual. The county department shall impose a sanction on an individual who fails to comply with one of the requirements at Section 3.626.1. If that sanction is not otherwise cured, the application following a sanction shall be considered the action for curing that sanction.
1.  Revision to the Individual Responsibility Contract
For the purpose of this section, revisions to the Individual Responsibility Contract (IRC) means that once an IRC is negotiated, agreed upon, and signed by both the county worker and the participant, that IRC agreement is binding and the participant is subject to sanction or closure if the terms of the agreement are not met by the participant, without good cause. If, at any time during the proposed timeframe of the IRC, the participant and the county worker revise the IRC for any reason, the prior IRC is void. The new IRC with new time periods and possibly new work activities will be used as the basis for determining if the participant is complying with the IRC, or failing or refusing to cooperate with the requirements of the IRC. If a new IRC is the result of a “good cause” conciliation meeting, the content of the new IRC and not any prior IRC and/or activities associated with a prior IRC shall be taken into consideration when determining failure or refusal to participate.
2.  Good Cause Conciliation
For the purpose of this section, good cause conciliation meeting means the period prior to sanction or closure, during which the program participant and the county worker are attempting to resolve any dispute related to the IRC. If during the state specified timeframe, it becomes apparent that the participation dispute cannot be resolved through good cause conciliation efforts, the process shall terminate and the participant shall be sanctioned or the participant’s case closed for demonstrable evidence. The determination of sanction versus closure for demonstrable evidence is dependent upon county policy. 
a.  Good cause conciliation period shall begin on the day the county worker and the participant meet, in person, to renegotiate the IRC and will last no longer than thirty calendar days. When a good cause conciliation period ends unfavorably within the thirty calendar days after the meeting and the participant: 
1)  Did not attend the scheduled meeting; and/or, 
2)  Failed to participate without good cause; and/or,
3)  Failed to provide good cause for not participating.
b.  The Notice of Adverse Action shall be sent to the participant with the result of the good cause conciliation period within five working days of that determination.
c.  Good cause reasons for not imposing sanctions for failure to cooperate with the Colorado Works program can be found in the county policies. 
3.  Curing a Sanction 
For the purpose of this section, curing the sanction occurs after a Notice of Proposed Action has been sent to a participant notifying him/her of the impending sanction, when the participant contacts the county worker and indicates an interest in participating or curing the cause of the sanction, that conference or meeting shall be set. The appointment must take place within fifteen (15) working days of contact with the participant requesting to cure. The notice of the scheduled meeting shall be sent to the participant once the meeting or conference is set. The date the participant contacts the county worker shall be the date that the formal cure process commences which shall include: 
a.  Entering the date and activity of the contact by the county worker, which is the formal cure start date, into the automated client tracking system. 
b.  If the participant fails to show for the meeting or conference to revise the IRC, the cure is considered failed and the sanction remains uncured. Only one reschedule of this meeting will be allowed. 
c.  If the participant attends the cure meeting, revises the IRC and is scheduled to attend work activity and/or county defined work activities as outlined in the IRC. 
d.  The cure period, as outlined in “C”, above, shall not last for more than ten working days. At or before the 10th day action shall be taken to continue a sanction or to cure. 
e.  If the determination is made that the sanction is cured, the notice to cure shall be issued to the participant and the determination entered into the automated tracking system within five working days of the determination. 

*********