Willful Failure


Willful noncompliance occurs when an applicant or recipient purposefully does not comply with program requirements and the circumstances were within their control. Willful noncompliance requires a deliberate, intentional refusal to comply. Willfulness cannot typically be implied from an action or failure to act; the person must clearly indicate intent not to do the action that was required. 

Normally, it will be difficult to show intent unless there is a clear indication that the person understood the rules and affirmatively chose not to follow them. An example would be, "I did not feel like doing the activity" (assuming there were no personal circumstances such as illness that lead to this statement). See Attachment B, Noncompliance Scenarios.


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