2-020.09B Action Following Nonparticipation

Before imposing the first or second sanction, the case manager must present the recommendation to his/her supervisor for review to ensure that the case manager has:

1. Reviewed the contracted activities to assure that they are reasonable and appropriate; and that they are consistent with the participant’s physical and mental abilities;
2. Discussed the nonparticipation issue with the participant to determine whether there was good cause for his/her failure or refusal to participate; and
3. Worked with the participant to assist them in removing any barriers to participation.

This supervisory review may last a maximum of ten days.

The recommendation for imposing the third sanction must be approved by the case manager’s supervisor and a second level supervisor, as well.

If the participation issue is resolved or good cause is established, no sanction is imposed.  If not, the sanction in 468 NAC 2-020.09B1 ff must be imposed and the case manager sends an adequate and timely notice (see 468 NAC 1-009.03B), notifying the participant of a sanction.

{10/31/09}

2-020.09B1  Failure to Participate in Employment First