El Dorado County Municipal Code Art. VIII Penalties

A. Aid under the general assistance program is granted based on the bona fide needs of the individual. Persons who receive assistance without complying with program requirements or who receive assistance fraudulently shall be subject to penalties under this article.

B. Program penalties. All periods of ineligibility for violations of the provisions of Article II of this chapter or Section 8.84.690.B shall be for a period of two months for the first occurrence and three months for any subsequent occurrence within any 12-month period.

C. Employment penalties. All periods of ineligibility for violations of the provisions of Article V of this chapter shall be for a period of six months for each occurrence if aid continued for three months, whether or not the months are consecutive.

D. Fraud penalties. All periods of ineligibility for violations of Section 8.84.430, 8.84.810 or 8.84.820 shall be for a period as established by Welfare and Institutions Code § 17015.

E. All penalties shall become effective on the first day following the current eligibility period or from the first day of eligibility for non-active cases that are determined to be otherwise eligible.

F. Multiple penalties shall be imposed consecutively for a person who has been found to have committed multiple violations which are sanctioned by penalties.

G. The Agency shall notify the recipient of the penalty in writing. The recipient shall have ten calendar days to discuss the decision prior to making a fair hearing request by contacting the person listed on the notice of action. Based on the results of the discussion, the eligibility supervisor may either rescind or let stand the penalty without jeopardizing the recipient's ability to request a fair hearing.

(Code 1997, § 2.63.390)

A. All persons who are subject to non-fraud related penalties shall be given opportunity to show good cause and shall, upon request, produce evidence to substantiate good cause.

B. Penalties or sanctions for noncompliance in TAP shall be applied unless the client is able to demonstrate good cause as defined in Subsections B.1 through B.8 of this section:

1. An employment opportunity elsewhere;

2. An injury or illness;

3. A summons for jury duty;

4. Court required appearances or temporary incarceration less than 30 days;

5. A death in the person's immediate family;

6. Inclement weather which prevented the recipient and other persons similarly situated from traveling to or participating in the prescribed activity;

7. Breakdown in child care arrangements;

8. Other good cause as determined by the Agency based on the recipient's skills and capabilities.

C. Penalties or sanctions for persons who quit or refuse a bona fide offer of employment shall be applied unless the client is able to demonstrate good cause as defined in Subsections C.1 through C.5 of this section:

1. Illness;

2. Employer did not possess appropriate license to engage in his or her business;

3. Employer did not hold in trust the employee contribution for unemployment compensations disability benefits and does not transmit all such employee contributions to the Employment Development Department (EDD) for the Disability Fund as required by the Unemployment Insurance Code;

4. Employment or training violated applicable health and safety laws and regulations;

5. Wages offered were less than the applicable minimum wage.

D. In order to restore eligibility following a first offense (other than those based on fraud) persons shall be required to demonstrate any of the following:

1. Become employed in a bona fide place of employment earning wages equivalent to 30 hours per week at minimum wage;

2. Participate for four consecutive days or participate equal to 30 consecutive hours in a community service without receiving participation credits.

E. In order to restore eligibility for subsequent offenses (other than those based on fraud) persons shall be required to demonstrate any of the following:

1. Become employed in a bona fide place of employment earning wages equivalent to 30 hours per week at minimum wage;

2. Participate for eight consecutive days or participate equal to 60 consecutive hours in a community service without receiving participation credits and serve at least 30 days of the ineligibility period.

F. Penalties or sanctions related to fraud shall be applied as established in Section 8.84.820.B or through civil, administrative, or criminal proceedings.

(Code 1997, § 2.63.395)