Ariz. Admin. Code § R6-10-123 - Failure to Participate; Good Cause Reasons; Verification
A. Failure to participate includes:
1. Failure to appear for a scheduled
appointment with a Jobs Program case manager;
2. Failure to attend a scheduled work
activity, assessment, or appointment that is documented in the employment and
career development plan;
3.
Refusing to submit a completed application for employment, when
required;
4. Refusing to accept
suitable employment, voluntarily reducing employment hours, or voluntarily
quitting employment without good cause, as described at R6-10-123(F);
5. Providing false or inaccurate information
to a Jobs Program case manager;
6.
Behaving in a manner that constitutes a threat or hazard to agency staff or
others; or
7. Intentionally
disrupting an activity or the orderly administration of the overall program,
such as:
a. Attending, but refusing to
participate in a class, workshop, or other assigned activity; or
b. Disruptive behavior that makes it
difficult to conduct an activity.
B. If a participant does not actively engage
with the Jobs Program, the Jobs Program case manager shall determine if a
barrier to participation exists, and if so, whether services have been offered
or provided to address the barrier.
1. If
services have not been offered or provided to address an identified barrier,
the Jobs Program case manager shall refer the participant to Jobs Program
support services or community resources to address a barrier.
2. If services have been offered or provided
to address all identified barriers, the Jobs Program case manager shall send
the participant a Good Cause/Last Chance to Stop the Sanction Appointment
notice. The participant shall provide verification of good cause or attend a
Last Chance to Stop the Sanction Appointment within ten days of the date the
notice is mailed. The deadline shall be stated in the notice.
3. If there are no services available to
address an identified barrier, the Jobs Program Case Manager shall grant a
participant good cause for not participating, as described in R6-10-123(F) and
shall reevaluate the situation every 30 days from the date the employment and
career development plan is revised to determine whether the barrier has been
resolved or services have become available.
C. If the participant timely submits
verification of good cause, the Jobs Program shall determine if good cause
exists, as described at R6-10-123(F).
1. If
verification meets the requirements of acceptable verification under
R6-10-123(G) and establishes good cause, the Jobs Program shall notify the
participant and state that good cause has been established and the Department
shall not impose a sanction.
2. If
verification does not meet the requirement of acceptable verification at
R6-10-123(G) and does not establish good cause, the Jobs Program shall notify
the participant and state that good cause was not established and shall allow
the participant an additional ten days from the date the notice is mailed to
attend a Last Chance to Stop the Sanction Appointment.
D. If the participant fails to provide any
verification but attended the Last Chance to Stop the Sanction Appointment and
demonstrates compliance, the Jobs Program shall notify the participant and
state that the Department shall not impose a sanction.
E. If the participant does not timely
establish good cause under R6-10-123(F), attend the Last Chance to Stop the
Sanction Appointment, or demonstrate compliance, the Jobs Program shall notify
the participant and state that the participant did not establish good cause and
did not attend the Last Chance to Stop the Sanction Appointment. The Jobs
Program shall initiate the sanction process under
R6-10-125.
F. Good cause is subject to
verification under R6-10-123(G). Circumstances that prevent a participant from
engaging in work activities under
R6-10-102
constitute good cause, including when:
1. The
participant has a barrier to participation for which services are not
available;
2. The participant is
participating in referred services to address a barrier to
participation;
3. The participant
has an illness;
4. The participant
is required to care for a family member with an illness or a
disability;
5. Either the
participant or a dependent child has an appointment that cannot be rescheduled,
such as a court-ordered appearance, medical appointment, or another comparable
appointment;
6. The participant has
a family emergency;
7. The
participant lacks transportation with no reasonable alternate means of
transportation;
8. The participant
is prevented from participating due to inclement weather;
9. The participant is unable to obtain child
care for a child who is less than 13 years old because the child care is
unavailable, unaf-fordable, or unsuitable;
10. Child care is unavailable for a child age
13 or over who requires adult supervision because the child:
a. Has a disability, including mental health
or other health-related issues;
b.
Would be harmful to himself, herself, or others if left alone; or
c. Is on court-ordered probation that
requires the child to remain in the home or is under house arrest.
11. The participant needs
translation services that are not available or not provided.
12. The participant is incapable of
performing the work activity due to:
a. Unsafe
worksite conditions;
b. Physical
demands of the job;
c. Lack of
skills, aptitude, or knowledge for the position;
d. Strike, lockout, or other bona fide labor
dispute; or
e. Conditions of the
participant's membership in a union representing employees in the
occupation.
13. The
participant is a victim or perceives himself or herself to be a victim of
domestic violence whose current situation:
a.
Threatens the safety of the participant or any child living with the
participant; or
b. Causes physical,
mental, or emotional harm to the participant or any child living with the
participant.
14. The
Department fails to provide the participant with services agreed upon in the
employment and career development plan; or
15. Other comparable circumstances beyond the
participant's control, including an error by the Department.
G. Verification. Acceptable
verification that establishes a participant's good cause, as described in
R6-10-123(F), includes:
1. A statement from an
acceptable medical source;
2. An
appointment notice from a court, FAA, or other comparable entity;
3. Death certificate;
4. Newspaper article, or other similar
evidence of public knowledge;
5.
Document or statement from the DES Child Care Administration, FAA, a court, or
other comparable entity;
6. Police
report;
7. Statement from crisis
shelter staff or a witness to the domestic violence;
8. Statement from a third party; or
9. Signed participant statement explaining
the circumstances that establish good cause if no other verification is
possible.
Notes
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