2002 Minnesota Statutes

     256J.462 Sanctions; county options. 

    Subdivision 1.    County sanction policy plan.  In 
 addition to the sanctions under section 256J.46, a county agency 
 may annually modify sanctions for noncompliant MFIP participants 
 by implementing one of the sanction options under this section 
 for a sixth or subsequent occurrence of noncompliance.  

    Subd. 2.    Procedure.  (a) If a county modifies 
 sanctions for noncompliant participants, a county agency must 
 develop and submit to the commissioner, by April 15, a proposed 
 sanction policy plan that describes the sanctions imposed for 
 each occurrence of noncompliance.  A county agency must include 
 the sanction policy plan as part of its local service unit plan 
 under section 268.88. 

    (b) A county agency must send a written notice to MFIP 
 participants at least 60 days before a county implements a 
 modification of its sanction policy under this section.  The 
 county must also send a notice of adverse action prior to 
 implementing a sanction under subdivision 3. 

    (c) For the purpose of applying sanctions under this 
 section, only occurrences of noncompliance that occur after the 
 effective date of the sanctions implemented under this section 
 shall be considered.  If the participant is in 30 percent 
 sanction in the month the sanction takes effect, that month 
 counts as the first occurrence for purposes of applying the 
 sanctions under this section, but the sanction shall remain at 
 30 percent for that month. 

    (d) If an assistance unit that is in sanction status moves 
 to a county that has adopted more severe sanctions than the 
 assistance unit's previous county of residence, the participant 
 shall be subject to the level of sanction that was imposed in 
 the previous county of residence for the first six months of 
 residence in the new county or until the participant comes into 
 compliance, whichever occurs earlier. 

    (e) If both participants in a two-parent assistance unit 
 are out of compliance at the same time, it is considered one 
 occurrence of noncompliance. 

    Subd. 3.    Sanction options.  A county agency may 
 modify its sanction policy by implementing one of the following 
 sanctions for a sixth or subsequent occurrence of noncompliance: 

    (a) The county agency may vendor pay the assistance unit's 
 shelter or utility costs, or both costs, up to the amount of the 
 cash portion of the MFIP grant for which the assistance unit is 
 eligible.  The residual amount of the grant after vendor 
 payment, if any, shall be reduced to zero.  The sanction must be 
 in effect for a minimum of one month and shall be removed the 
 month following the month in which the participant returns to 
 compliance.  In a two-parent assistance unit, the sanction must 
 be in effect for a minimum of one month and shall be removed the 
 month following the month in which both participants return to 
 compliance.  The vendor payment of shelter or utility costs, or 
 both, shall be removed six months after the month in which the 
 participant returns to compliance. 

    (b) The county agency may disqualify an assistance unit 
 from receiving MFIP, both the cash and food portions.  This 
 disqualification must be in effect for one full month. 
 Disqualification under this paragraph does not make a 
 participant automatically ineligible for food stamps.  The 
 county shall determine eligibility for food stamps and assist 
 the participant in applying for food stamps, if eligible. 

    Subd. 4.    Case review.  Before a sanction under this 
 section is imposed, a county agency shall conduct the case 
 review required under section 256J.46, subdivision 1, paragraph 
 (e). 

    Subd. 5.    Eligibility after disqualification due to 
 noncompliance.  In the sanction policy plan under subdivision 
 2, a county may propose restrictions on assistance units that 
 reapply for MFIP after disqualification for noncompliance under 
 subdivision 3, paragraph (b).  Such restrictions may not include 
 permanent disqualification for noncompliance.  Any restrictions 
 must be limited to the first six months of MFIP eligibility 
 following reapplication, provided that the participant complies 
 with work requirements for the entire six months.  Such 
 restrictions may include: 

    (1) requiring participants to comply with work requirements 
 for a period not to exceed one month before the assistance unit 
 could regain MFIP eligibility; 

    (2) requiring that reapplying assistance units remain in 
 ten percent sanction for six months; and 

    (3) changing the policy for subsequent sanctions for 
 noncompliance to shorten the time frame before disqualification. 

    Subd. 6.    Sanction policy review.  The commissioner 
 may review a county's sanction policies and practices if the 
 county has a high or low sanction rate as compared to other 
 counties or a high sanction rate for certain hard-to-serve 
 participants.  The commissioner shall require a county agency to 
 complete corrective actions to remedy identified agency errors 
 or misapplications of policy and may suspend a county's 
 authority to impose sanction options under this section until 
 the corrective actions are taken. 

    HIST: 1Sp2001 c 9 art 10 s 33; 2002 c 379 art 1 s 113