Good Cause Determination (N.D.A.C. 75-02-01.2-80) 400-17-30-70-15

(Revised 3/03 ML #2830)

 

Except with respect to a sanction imposed for failure to obtain child support, or establish paternity, an individual shall be provided an opportunity to present the good cause reason for a failure or refusal to cooperate prior to the imposition a sanction.

 

The program case manager or the individual’s JOBS Program coordinator may oversee the good cause determination process.

  1. If the individual refuses to complete the social contract, refuses to sign the social contract, or refuses to comply with a referral to a service agency, the program case manager is responsible to oversee the good cause determination process.

  2. If the individual is not cooperating with the JOBS program, the JOBS coordinator is responsible to oversee the good cause determination process and must inform both the individual and the program case manager of the outcome of the good cause determination process.

Within ten days following the date of a failure or refusal to comply, the program case manager or JOBS coordinator, as appropriate, shall send written notice to the individual to offer an opportunity to show good cause. A good cause determination must state that:

  1. The individual is responsible to call or meet with the coordinator or case manager within seven days, from the print date of the notice, to show good cause; and

  2. A sanction will be imposed if the individual does not contact the coordinator or program case manager, as appropriate, within the required time or does not show good cause for the individual’s failure or refusal to comply.

If an individual fails or refuses to participate in the good cause determination process, or if it is determined that the individual did not show good cause for the initial failure or refusal to participate as required in the TANF program, the program case manager shall notify the individual of the sanction.

 

Claims of good cause must be evaluated using the decision-making principles described in section 75-02-01.2-12 of the North Dakota Administrative Code. For further information see the JOBS Manual.