| TO: | ALL COUNTY OFFICES |
| FROM: | JANEL R. LUCK, DIRECTOR |
| SUBJECT: | FOOD STAMP HEARINGS FOR METP AND ABAWD |
DISCUSSION:
The purpose of this memorandum is to clarify the hearing procedures resulting from METP sanctions and failure to meet the 18 to 50 year old work requirement (ABAWD).
METP Sanction
When a food stamp EU requests a hearing based on a food stamp METP sanction, a representative from DWD must attend the hearing and submit evidence to support the recommendation for the sanction.
The FSD witness will testify on how the EU member was determined to be mandatory for work registration and the procedure followed when the EU member failed to comply. DWD staff will testify about the EU member's noncompliance with METP program requirements.
When completing the IM-87 Application for State Hearing form for an METP sanction, complete fields DWD, sanctioned individual, and SSN of sanctioned individual, in addition to the other required fields. As discussed in Memorandum IM-#65 dated 6/29/04, fax a copy of the IM-87 form to the Division of Workforce Development (DWD) at 573-751-9528, attention Sanction Hearing Request, as well as the appropriate Administrative Hearing Unit.
The Hearing Unit will send a copy of the notice for the hearing to DWD administration, the EU requesting the hearing, any EU representative, and the FSD eligibility specialist.
Hearing Request due to Failure to meet Work Requirement (ABAWD)
DWD staff are not included in hearing requests due to failure to comply with the 18 to 50 year old work (ABAWD) requirement. Hearings over the use of three non-work months are attended by FSD staff and do not require attendance by DWD staff.
Do not mark fields DWD, sanctioned individual, and SSN of sanctioned individual for ABAWD hearings.
Staff must ensure that EUs understand that they may be complying with work registration/METP but are failing to comply with the 18 to 50 year old work requirement. Independent Job Search is not a qualifying component for ABAWD work requirement. Use the 18-to-50 Year Old Work Requirement flyer discussed in memorandum IM-#108 dated 12/07/06 to notify able-bodied adults without dependents of the 3-month time limit in 36 month.
NECESSARY ACTION:
- Review this memorandum with appropriate staff.