PUBLIC SAFETY AND WELFARE
AID TO ASSISTED PERSONS
165:1-b Disqualification for Noncompliance With Guidelines.
I. Any person otherwise eligible for assistance under this chapter shall become ineligible to receive such assistance if he willfully fails to comply with written guidelines adopted by the governing body of the town or city relating to:
(a) Disclosure of income, resources, or other material financial data;
(b) Participation in a work program authorized under this chapter;
(c) Reasonable work search; or
(d) Application with other public assistance agencies.
II. No person shall be found ineligible for assistance or suspended from assistance pursuant to paragraph I until he has been given:
(a) A written notice stating those specific actions he must take in order to comply; and
(b) A 7-day period within which to comply after receiving such notice.
III. If a person does not comply within the 7 days, the town or city may issue to the person a written notice that the person is ineligible for assistance or suspended from assistance. The written notice shall include a list of the guidelines with which the person is not in compliance, those actions necessary for compliance, and written notice of the opportunity to request a hearing within 5 days.
IV. If such person requests a hearing, the town or city shall give him an opportunity to continue to receive assistance, pending the outcome of the hearing, in accordance with any prior eligibility determination.
V. The period of ineligibility or suspension pursuant to this section shall be 7 days; provided, however, that any such suspension within 6 months after the end of any prior suspension period shall be for 14 days; and provided further that if upon the expiration of the 7-day or 14-day disqualification period the person continues to fail to carry out the specific actions set forth in the notice required in paragraph III, the disqualification shall continue until the person complies.
VI. The overseers of public welfare shall not be required to accept an application for general assistance from a person who is subject to disqualification or suspension under this section; provided, however, that in the event such disqualification or suspension continues beyond the 7 or 14-day period due to continued noncompliance pursuant to paragraph IV, and there is a dispute over a contention by such person that he has satisfactorily complied with the requirements set forth in the notice required by paragraph III, such person shall be given an opportunity to request a hearing to determine that issue, but paragraph IV shall not apply to such a hearing.
Source. 1985, 106:1. 1986, 142:1, eff. Jan. 1, 1987.