[Code of Federal Regulations]

[Title 45, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR400.82]



[Page 363]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN 

          AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents

 

    Subpart F_Requirements for Employability Services and Employment

 

Sec.  400.82  Failure or refusal to accept employability services

or employment.



    (a) Termination of assistance. When, without good cause, an 

employable non-exempt recipient of refugee cash assistance under the 

public/private RCA program or under a publicly-administered RCA program 

has failed or refused to meet the requirements of Sec.  400.75(a) or has 

voluntarily quit a job, the State, or the agency(s) responsible for the 

provision of RCA, must terminate assistance in accordance with 

paragraphs (b) and (c) of this section.

    (b) Notice of intended termination--(1) In cases of proposed action 

to reduce, suspend, or terminate assistance, the State or the agency(s) 

responsible for the provision of RCA, must give timely and adequate 

notice, in accordance with adverse action procedures required at Sec.  

400.54.

    (2) The State, or the agency(s) responsible for the provision of 

RCA, must provide written procedures in English and in appropriate 

languages, in accordance with requirements in Sec.  400.55, for the 

determination of good cause, the sanctioning of refugees who do not 

comply with the requirements of the program, and for the filing of 

appeals by refugees.

    (3) In addition to the requirements in Sec.  400.54, the written 

notice must include--

    (i) An explanation of the reason for the action and the proposed 

adverse consequences; and

    (ii) Notice of the recipient's right to mediation and a hearing 

under Sec.  400.83.

    (4) A written notice in English and a written translated notice, or 

a verbal translation of the notice, in accordance with the requirements 

in Sec.  400.55, must be sent or provided to a refugee at least 10 days 

before the date upon which the action is to become effective.

    (c) Sanctions. (1) If the sanctioned individual is the only member 

of the filing unit, the assitance shall be terminated. If the filing 

unit includes other members, the State shall not take into account the 

sanctioned individual's needs in determining the filing unit's need for 

assistance.

    (2) The sanction applied in paragraph (b)(3)(i) of this section 

shall remain in effect for 3 payment months for the first such failure 

and 6 payment months for any subsequent such failure.



[54 FR 5477, Feb. 3, 1989, as amended at 60 FR 33602, June 28, 1995; 65 

FR 15448, Mar. 22, 2000]