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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Rules and Regulations E&T. The State agency must determine the order in which the participant will receive the elements of an E&T program e.g., case management followed by a component, case management embedded within a component, etc..
The State agency must explain to the participant next steps for accessing the E&T program. If there is not an appropriate and available opening in an E&T program, the State agency must determine the participant has good cause for failure to comply with the mandatory E&T requirement in accordance with paragraph i4 of this section. The State agency may, with FNS approval, use intake and sanction systems that are compatible with its title IVA work program. Such systems must be proposed and explained in the State agencys E&T State Plan.
3 After learning of an individuals non-compliance with SNAP work requirements, the State agency must issue a notice of adverse action to the individual, or to the household if appropriate, within 10 days of establishing that the noncompliance was without good cause. The notice of adverse action must meet the timeliness and adequacy requirements of 273.13.
If the individual complies before the end of the advance notice period, the State agency will cancel the adverse action. If the State agency offers a conciliation process as part of its E&T
program, it must issue the notice of adverse action no later than the end of the conciliation period. Mandatory E&T
participants who have received a provider determination in accordance with paragraph c18i of this section shall not be subject to disqualification for refusal without good cause to participate in a mandatory E&T program until after the State has taken one of the four actions in paragraph c18iB of this section, and the individual subsequently refuses to participate without good cause.
4 The State agency must design and operate an E&T program that consists of case management services in accordance with paragraph e1 of this section and at least one or more, or a combination of, employment and/or training components as described in paragraph e2 of this section. The State agency must ensure that it is notified by the agency or agencies operating its E&T
components within 10 days if an E&T
mandatory participant fails to comply with E&T requirements.
5 The State agency must design its E&T program in consultation with the State workforce development board, or with private employers or employer organizations if the State agency determines the latter approach is more
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effective and efficient. Each component of the State agencys E&T program must be delivered through its statewide workforce development system, unless the component is not available locally through such a system.
6 In accordance with 272.2d and e of this chapter, the State agency must prepare and submit an E&T Plan to its appropriate FNS Regional Office. The E&T Plan must be available for public inspection at the State agency headquarters. In its E&T Plan, the State agency will detail the following:
i The nature of the E&T components the State agency plans to offer and the reasons for such components, including cost information. The methodology for State agency reimbursement for education components must be specifically addressed. If a State agency plans to offer supervised job search in accordance with paragraph e2i of this section, the State agency must also include in the E&T plan a summary of the State guidelines implementing supervised job search. This summary of the State guidelines, at a minimum, must describe: The criteria used by the State agency to approve locations for supervised job search, an explanation of why those criteria were chosen, and how the supervised job search component meets the requirements to directly supervise the activities of participants and track the timing and activities of participants;
ii A description of the case management services and models, how participants will be referred to case management, how the participants case will be managed, who will provide case management services, and how the service providers will coordinate with E&T providers, the State agency, and other community resources, as appropriate. The State plan should also discuss how the State agency will ensure E&T participants are provided with targeted case management services through an efficient administrative process;
iii An operating budget for the Federal fiscal year with an estimate of the cost of operation for one full year.
Any State agency that requests 50
percent Federal reimbursement for State agency E&T administrative costs, other than for participant reimbursements, must include in its plan, or amendments to its plan, an itemized list of all activities and costs for which those Federal funds will be claimed, including the costs for case management and casework to facilitate the transition from economic dependency to selfsufficiency through work. Costs in excess of the Federal grant will be allowed only with the prior approval of
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FNS and must be adequately documented to assure that they are necessary, reasonable and properly allocated;
iv The categories and types of individuals the State agency intends to exempt from E&T participation, the estimated percentage of work registrants the State agency plans to exempt, and the frequency with which the State agency plans to reevaluate the validity of its exemptions;
v The characteristics of the population the State agency intends to place in E&T;
vi The estimated number of volunteers the State agency expects to place in E&T;
vii The geographic areas covered and not covered by the E&T Plan and why, and the type and location of services to be offered;
viii The method the State agency uses to count all work registrants as of the first day of the new fiscal year;
ix The method the State agency uses to report work registrant information on the quarterly Form FNS583;
x The method the State agency uses to prevent work registrants from being counted twice within a Federal fiscal year. If the State agency universally work registers all SNAP applicants, this method must specify how the State agency excludes those exempt from work registration under paragraph b1
of this section. If the State agency work registers nonexempt participants whenever a new application is submitted, this method must also specify how the State agency excludes those participants who may have already been registered within the past 12 months as specified under paragraph a1i of this section;
xi The organizational relationship between the units responsible for certification and the units operating the E&T program, including units of the statewide workforce development system, if available. FNS is specifically concerned that the lines of communication be efficient and that noncompliance be reported to the certification unit within 10 working days after the noncompliance occurs;
xii The relationship between the State agency and other organizations it plans to coordinate with for the provision of services, including organizations in the statewide workforce development system, if available.
Copies of contracts must be available for inspection. The State agency must document how it consulted with the State workforce development board. If the State agency consulted with private employers or employer organizations in lieu of the State workforce development
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