1997 Minnesota Statutes

     256J.46 Sanctions. 

    Subdivision 1.    Sanctions for participants not complying 
 with program requirements.  (a) A participant who fails 
 without good cause to comply with the requirements of this 
 chapter, and who is not subject to sanction under subdivision 2, 
 shall be subject to a sanction as provided in this subdivision.  
 A sanction under this subdivision becomes effective ten days 
 after the required notice is given.  For purposes of this 
 subdivision, each month that a participant fails to comply with 
 a requirement of this chapter shall be considered a separate 
 occurrence of noncompliance.  A participant who has had one or 
 more sanctions imposed must remain in compliance with the 
 provisions of this chapter for six months in order for a 
 subsequent occurrence of noncompliance to be considered a first 
 occurrence.  

    (b) Sanctions for noncompliance shall be imposed as follows:

    (1) For the first occurrence of noncompliance, the 
 participant's grant shall be reduced by ten percent of the 
 applicable transitional standard.  The reduction in the grant 
 amount must be in effect for a minimum of one month and shall be 
 removed in the month following the month that the participant 
 returns to compliance. 

    (2) For a second or subsequent occurrence of noncompliance, 
 the participant's rent shall be vendor paid up to the amount of 
 the MFIP-S grant for which the participant's assistance unit is 
 eligible.  At county option, the participant's utilities may 
 also be vendor paid up to the amount of the MFIP-S grant 
 remaining after vendor payment of the participant's rent.  The 
 vendor payment of rent and, if in effect, utilities, must be in 
 effect for six months from the date that a sanction is imposed 
 under this clause.  The residual amount of the grant after 
 vendor payment, if any, must be reduced by an amount equal to 30 
 percent of the applicable transitional standard before the 
 residual is paid to the participant.  The reduction in the grant 
 amount must be in effect for a minimum of one month and shall be 
 removed in the month following the month that the participant 
 returns to compliance.  The vendor payment of rent and, if 
 applicable, utilities shall be removed six months after the 
 month in which the participant returns to compliance. 

    (c) No later than during the second month that a sanction 
 under paragraph (b), clause (2), is in effect, the participant's 
 case file must be reviewed to determine if: 

    (i) the continued noncompliance can be explained and 
 mitigated by providing a needed preemployment activity, as 
 defined in section 256J.49, subdivision 13, clause (16); 

    (ii) the participant qualifies for a good cause exception 
 under section 256J.57; or 

    (iii) the participant qualifies for an exemption under 
 section 256J.56. 

    If the lack of an identified activity can explain the 
 noncompliance, the county must work with the participant to 
 provide the identified activity, and the county must restore the 
 participant's grant amount to the full amount for which the 
 assistance unit is eligible.  The grant must be restored 
 retroactively to the first day of the month in which the 
 participant was found to lack preemployment activities or to 
 qualify for an exemption or good cause exception. 

    If the participant is found to qualify for a good cause 
 exception or an exemption, the county must restore the 
 participant's grant to the full amount for which the assistance 
 unit is eligible.  If the participant's grant is restored under 
 this paragraph, the vendor payment of rent and if applicable, 
 utilities, shall be removed six months after the month in which 
 the sanction was imposed and the county must consider a 
 subsequent occurrence of noncompliance to be a first occurrence. 

    Subd. 1a.    Transitional rule; sanctions for AFDC, family 
 GA, STRIDE, ACCESS, MFIP, or MFIP-R recipients.  For purposes 
 of determining a sanction under subdivision 1, for the first 
 occurrence of noncompliance with a provision of this chapter or 
 with section 256.741, if enacted, a recipient of assistance 
 under AFDC, family general assistance, STRIDE, ACCESS, MFIP, or 
 MFIP-R who was under a sanction in the month immediately 
 preceding the receipt of assistance under MFIP-S shall be 
 subject to sanction as provided in subdivision 1, paragraph (b), 
 clause (1).  The reduction in grant amount must be in effect for 
 a minimum of one month.  For a second or subsequent occurrence 
 of noncompliance, the sanction shall be as provided in 
 subdivision 1, paragraph (b), clause (2). 

    Subd. 2.    Sanctions for refusal to cooperate with 
 support requirements.  The grant of an MFIP-S caregiver who 
 refuses to cooperate, as determined by the child support 
 enforcement agency, with support requirements under section 
 256.741, if enacted, shall be subject to sanction as specified 
 in this subdivision.  The assistance unit's grant must be 
 reduced by 25 percent of the applicable transitional standard.  
 The residual amount of the grant, if any, must be paid to the 
 caregiver.  A sanction under this subdivision becomes effective 
 ten days after the required notice is given.  The sanction must 
 be in effect for a minimum of one month and shall be removed 
 only when the caregiver cooperates with the support 
 requirements.  Each month that an MFIP-S caregiver fails to 
 comply with the requirements of section 256.741 must be 
 considered a separate occurrence of noncompliance.  An MFIP-S 
 caregiver who has had one or more sanctions imposed must remain 
 in compliance with the requirements of section 256.741 for six 
 months in order for a subsequent sanction to be considered a 
 first occurrence. 

    Subd. 2a.    Dual sanctions.  (a) Notwithstanding the 
 provisions of subdivisions 1 and 2, for a participant subject to 
 a sanction for refusal to comply with child support requirements 
 under subdivision 2 and subject to a concurrent sanction for 
 refusal to cooperate with other program requirements under 
 subdivision 1, sanctions shall be imposed in the manner 
 prescribed in this subdivision. 

    A participant who has had one or more sanctions imposed 
 under this subdivision must remain in compliance with the 
 provisions of this chapter for six months in order for a 
 subsequent occurrence of noncompliance to be considered a first 
 occurrence.  Any vendor payment of rent or utilities under this 
 subdivision must remain in effect for six months after the month 
 in which the participant is no longer subject to sanction under 
 subdivision 1. 

    (b) If the participant was subject to sanction for: 

    (i) noncompliance under subdivision 1 before being subject 
 to sanction for noncooperation under subdivision 2; or 

    (ii) noncooperation under subdivision 2 before being 
 subject to sanction for noncompliance under subdivision 1; 

 the participant shall be sanctioned as provided in subdivision 
 1, paragraph (b), clause (2), and the requirement that the 
 county conduct a review as specified in subdivision 1, paragraph 
 (c), remains in effect. 

    (c) A participant who first becomes subject to sanction 
 under both subdivisions 1 and 2 in the same month is subject to 
 sanction as follows: 

    (i) in the first month of noncompliance and noncooperation, 
 the participant's grant must be reduced by 25 percent of the 
 applicable transitional standard, with any residual amount paid 
 to the participant; 

    (ii) in the second and subsequent months of noncompliance 
 and noncooperation, the participant shall be sanctioned as 
 provided in subdivision 1, paragraph (b), clause (2). 

    The requirement that the county conduct a review as 
 specified in subdivision 1, paragraph (c), remains in effect. 

    (d) A participant remains subject to sanction under 
 subdivision 2 if the participant: 

    (i) returns to compliance and is no longer subject to 
 sanction under subdivision 1; or 

    (ii) has the sanction under subdivision 1, paragraph (b), 
 removed upon completion of the review under subdivision 1, 
 paragraph (c). 

    A participant remains subject to sanction under subdivision 
 1, paragraph (b), if the participant cooperates and is no longer 
 subject to sanction under subdivision 2.  

    HIST: 1997 c 85 art 1 s 36; 1997 c 245 art 4 s 2