(1) A TANF Cash Assistance participant's failure to comply with a program requirement, such as a requirement under a Family Investment Agreement, including but not limited to participation in an employment and training activity or the requirement of accepting or maintaining suitable employment, shall not result in imposition of a sanction if good cause exists for the failure to comply.

(2) If it appears that a participant has failed to comply with a FIA requirement, the participant shall be given the opportunity to provide information to the eligibility case manager or work readiness component (WoRC) case manager regarding the alleged noncompliance and the reasons for the alleged failure to comply. If the committee that reviews the sanction determines from the available information, including any information provided by the participant, that there was a failure to comply and that good cause for the noncompliance does not exist, a sanction shall be imposed in accordance with ARM 37.78.506.

(3) Good cause consists of circumstances beyond the participant's control which prevent compliance with a requirement or which excuse a failure to comply.

(4) Good cause for failure to keep appointments, report changes, provide required information, or comply with family investment agreement activities or other eligibility requirements includes, but is not limited to, the following circumstances:

(a) illness or incapacity of the participant;

(b) illness or incapacity of another household member sufficiently serious to require the presence of the participant;

(c) death of a family member;

(d) participant's incarceration or required court appearance;

(e) inability to obtain or pay for necessary child care;

(f) adverse weather conditions which make travel impossible or unreasonably dangerous;

(g) lack of transportation in a case where the participant cannot reasonably be expected to walk or bicycle because of the distance or the participant's health or physical limitations;

(i) Transportation is considered to be available if the participant has the use of a private vehicle, has access to public transportation, or can ride with someone else, provided that a participant will not be required to accept a ride under circumstance which a reasonable person would consider dangerous or unsuitable.

(5) Good cause for failure to accept employment or for voluntarily quitting a job or reducing earned income from employment includes, but is not limited to, the following circumstances:

(a) The wage is less than the state minimum wage.

(b) Transportation is not available and the participant cannot reasonably be expected to walk or bicycle to work because of the distance or the participant's health or physical limitations.

(i) Transportation is considered to be available if the participant has the use of a private vehicle, has access to public transportation, or can ride with someone else, provided that a participant will not be required to accept a ride under circumstance which a reasonable person would consider dangerous or unsuitable.

(c) Participant is unable to obtain or pay for necessary child care.

(d) Working conditions are unsuitable because of an unreasonable degree of risk to health or safety or lack of workers' compensation coverage.

(e) The participant is age 60 or older.

(f) The participant has a physical or mental impairment which prevents the participant from accepting or maintaining this employment, as determined by a licensed physician or psychologist.

(i) A temporary mental or physical illness, injury, or incapacity may constitute good cause for the duration of the incapacity only.

(g) The participant lacks the necessary work-related skills for the employment and cannot acquire such skills in time to obtain or retain the employment.