|
<THEAD>Code
|
Effective
|
ParaReg Text</THEAD><TBODY>
|
|
110-1
|
|
Prior
to January 26, 1996, the following rules governed GAIN state hearings and
formal grievances: When a GAIN participant believes that any program
requirement or assignment is in violation of the contract or is inconsistent
with the program, the participant has the right to request a state hearing or
to file a formal grievance based on (a) the procedures established in §5302
of the Unemployment Insurance (UI) Code or (b) the procedures established by
the county Board of Supervisors. (§42-787)
|
|
110-1A
|
|
When a
GAIN participant believes that any program requirement or assignment is in
violation of, or inconsistent with, state law and regulations governing the
Welfare-to-Work (formerly GAIN) program, the county shall inform the
participant of the right either to request a state hearing, or if
appropriate, to file a formal grievance. (§42-787, renumbered §42-721.51,
effective July 1, 1998)
|
|
110-1B
|
|
The
sole issue for resolution through a formal grievance shall be whether a GAIN
program requirement or assignment is in violation of the contract or
inconsistent with the program. The formal grievance cannot be used to appeal
the outcome of a state hearing, the requirement to sign a welfare-to-work
contract, the results of an assessment made according to §42-711.55 (formerly
§42-773.1), or by a noncomplying individual who has
already failed to successfully conciliate in accord with §42-781.
(§§42-787.22 through .24, renumbered and revised to §§42-721.512(b) - (d))
The GAIN participant may request a state hearing to appeal the outcome of a
formal grievance. (§42-787.15, renumbered to §42-721.511(e), effective July 1, 1998)
|
|
110-1C
|
|
Aid,
with the exception of welfare-to-work (formerly GAIN) supportive services,
will continue if the individual appeals through the state hearing process
within the period of timely notification. (§§42-721.441 and §42-787.13,
renumbered and revised to §42-721.511(e), effective July
1, 1998)
|
|
110-2
|
|
Applicants/recipients
shall receive written information about GAIN at the time of application or at
their first redetermination after implementation of GAIN regarding:
1. A description of the program.
2. The availability of job training, education, and supportive services,
including the types and locations of child care services and assistance
available to select and obtain such services, and TCC benefits.
3. The individual's rights and responsibilities.
4. The consequences of failure or refusal to participate in GAIN.
5. The grounds for exemption from participation in GAIN. 6. The obligations
of the county in providing GAIN services.
(§40-107.16)
|
|
111-1
|
|
Prior
to July 1, 1998, state regulations provided that: The county
responsibilities in the GAIN registrant appraisal process are set forth in
§42-761.3. These include determining if the registrant should be deferred
from participation in GAIN, if this has not been determined prior to
appraisal (Subsection .33); advising the registrants of their rights to
appeal, conciliate and grieve (Subsection .35); determining which component
the nondeferred registrant should be assigned to as
part of the basic contract (Subsection .36); and entering into a basic
contract with nondeferred registrants (Subsection
.39). (§42-761 was repealed in its entirety, effective July 1, 1998)
|
|
111-2
|
|
Automatic
registration under GAIN was governed by the following regulations prior to July 1, 1998: Prior to January 26, 1996, state regulations provided
that: Unless exempt as specified in §§42-788 through 42-799, the following
individuals are automatically registered for GAIN: individuals specified in
§42-625.1; and exempt individuals who volunteer to participate. (§42-760.1,
modified January 26, 1996, and repealed effective July 1, 1998)
|
|
111-2A
|
|
Prior
to July 1, 1998, state regulations provided that AFDC applicants and
recipients are automatically registered for GAIN if they are not exempt, as
specified in §§42-788 through 42-799, or if they are exempt but volunteer to
participate in GAIN. (§42-760.1, repealed effective July
1, 1998)
|
|
111-3
|
|
Prior
to July 1, 1998, the following state regulations were in effect:
Target population means a group composed of all GAIN-eligible individuals who
are:
(a) Applicants for AFDC who have received AFDC (including those under the Refugee
Demonstration Project (RDP) for at least 36 of the last 60 months immediately
preceding the most recent month for which application has been made.
(b) Recipients of AFDC who have received AFDC (including those under RDP) for
at least 36 of the most recent 60 months.
(c) Custodial parents under the age of 24 who:
(1) Had little or no work experience in the preceding year, which means that
during the preceding 12 months they had no more than a three-month continuous
period of full-time employment compensated at least at the California minimum
wage level: or
(2) Have not completed a high school education and are not enrolled in a high
school or in a high school equivalency course of instruction.
(d) Members of a family in which the youngest child is within two years of
becoming ineligible for AFDC due to age.
(§42-720.635, renumbered to §42-720.634 effective January
26, 1996;
§42-720 repealed in its entirety, effective July 1, 1998)
|
|
111-4
|
|
Prior
to January 26, 1996, state regulations provided that: If funds are sufficient
to serve all existing participants, but not sufficient to serve all potential
GAIN participants, County Welfare Departments (CWDs)
shall bring new individuals into GAIN according to the following list
beginning with the highest priority:
(a) Members of the target population who are required to register for GAIN
and who volunteer to participate in GAIN.
(b) Members of the target population who are exempt from the requirement to
register for GAIN and who volunteer to participate in GAIN.
(c) AFDC applicants and recipients who are required to register for GAIN and
who are members of the target population and who do not volunteer to
participate in GAIN.
(d) Recipients of AFDC who are not members of the target population.
(e) Applicants for AFDC who are not members of the target population.
(§42-720.632, modified and replaced January 26,
1996)
|
|
111-4A
|
|
Prior
to July 1, 1998, state regulations provided that: If resources are
insufficient to serve all GAIN registrants, the county shall give priority to
certain participants and temporarily exclude other GAIN participants. The
method used shall give highest priority to existing GAIN participants,
including teen parents who have participated in Cal-Learn, and those
individuals between activities or deferred in accord with §§42-761.3 or .4.
(§42-720.632; §42-720, repealed in its entirety, effective July 1, 1998)
|
|
112-1
|
|
Prior
to July 1, 1998, the following regulations were in effect:
All of the following GAIN registrants shall have good cause for not
participating and shall be deferred from mandatory participation until the
county determines that the situation precluding participation no longer
exists:
(a) An individual who, at the time of appraisal, is enrolled on a full-time
basis in a program to earn a degree, license, or certificate, that will lead
to employment.
(b) A person who is so seriously dependent upon alcohol or drugs that work or
training is precluded.
(c) A person who is having an emotional or mental problem that precludes
participation.
(d) A person who is involved in legal difficulties, such as court- mandated
appearances, which preclude participation.
(e) A person who does not have the legal right to work in the United States.
(f) A person who has a severe family crisis.
(g) A person who is in good standing in a union which controls referrals and
hiring in the occupation.
(h) A person who is temporarily laid off from a job with a definite call-back
date.
(i) A person who is employed for 15 or more hours
per week, and who meets certain other specific criteria.
( j) A person or a family member who has a medically
verified temporary illness.
(k) A woman who is in the first trimester of pregnancy.
(l) A 16- or 17-year-old custodial parent who is not currently in school and
who does not possess a high school diploma, and supportive services are not
available, or intensive care management services are needed and unavailable,
or the individual has a special school need that cannot be met.
(m) A parent or adult relative who lacks necessary child care.
(n) An individual who lacks transportation.
(o) An individual who at the time of initial appraisal is attending a nonapprovable education or training program may be
deferred to complete the program semester, quarter or increment but not more
than six months.
The county may request verification of the reason for the deferral. The
county shall project the length of time of the deferral, and review the
deferral situation periodically, but no less often than annually. (§42-761.4,
modified and revised to §42-761.3 effective January
26, 1996;
§42-761, repealed in its entirety, effective July
1, 1998)
|
|
112-2
|
|
Prior
to July 1, 1998, state regulations provided that: An individual (except
for certain teen parents in specified situations) is exempt from registration
when he/she meets any of the criteria specified in Sections 42-789 through
42-799. (§42-788)
(A) A child under age 16. (§42-789)
(B) An individual 16, 17, or 18 years of age who is a full-time student in a
school in grade 12 or below, or vocational or technical school. (§42-790)
(C) Ill or injured, when the county determines that the illness or injury is
serious enough to temporarily prevent entry into employment or training or to
limit employment to part time work. (§42-791)
(D) Age 60 or older. (§42-792)
(E) Incapacitated, when it is verified that: (a) the individual has a
physical or mental impairment which prevents the individual from engaging in
employment or training, or limits employment to part time work, and the
impairment is expected to last 30 days; or (b) the individual, under age 20,
does not possess a high school diploma or equivalent, and her physician
prescribes a specified period of postpartum recovery. (§42-793)
(F) Residing in a location which is so remote from a GAIN Program activity
that effective participation in the program is precluded. (§42-794)
(G) An individual whose presence in the home is required on a substantially
continuous basis because of the physical or mental impairment of another
member of the household and no other household member can appropriately
provide the care. (§42-795)
(H) The parent or other relative of a child under three years who is
personally providing care for the child. (§42-796) (I) Pregnant and in at
least the fourth month of pregnancy. (§42-797)
(J) Working 30 hours per week, or is working and expected to be working at
the higher of the state or federal minimum wage for 30 hours or more per week
in unsubsidized employment which is expected to last at least 30 days.
(§42-798)
(K) A full-time VISTA volunteer. (§42-799)
(§42-788 was revised and renumbered to §42-712. §§42-789 through 42-793 and
§§42-795 through 42-797 were revised and renumbered to §42-712. In addition,
the other manual sections cited above were repealed effective July 1, 1998)
|
|
112-2A
|
|
Prior
to July 1, 1998, the following regulation was in effect: An individual
is exempt from GAIN participation when he/she is residing in a location which
is so remote from a GAIN program activity that effective participation in
GAIN is precluded. An individual shall be considered remote if a round trip
of more than two hours (using accepted community standards) by reasonably
available public or private transportation, exclusive of time for
transporting children to and from a child care facility, would be required
for a normal working or training day, unless normal round trip commuting time
in the area is more than two hours. (§42-794.1; §42-794, repealed in its
entirety, effective July 1, 1998)
The Muradyan v.
Anderson Consent decree requires the
CDSS and county to "apply the remoteness exemption to all GAIN
activities, including orientation and appraisal." (Muradyan v. Anderson,
Stipulation of Settlement and Consent Decree, Sacramento County Superior
Court, Case No. 372922, June 11, 1996; All-County Letter No. 96-39, August 6,
1996)
|
|
112-3
|
|
Prior
to July 1, 1998, the following regulations were in effect: An individual who
has requested an exemption from GAIN participation in writing shall be
required to sign a GAIN contract only when the county has completed the
exemption determination process and determined that the individual is not
exempt. (§§42-771.7 and 42-788.22) The individual shall be notified in
writing of this determination. (§42-760.42; §42-760, repealed in its
entirety, effective July 1, 1998)
|
|
112-4
|
|
Prior
to July 1, 1998, state regulations provided that: In the GAIN program, an
individual is exempt from registration based on incapacity when it is
verified that: (a) The individual has a physical or mental impairment which
prevents that person from engaging in employment or training and the
impairment is expected to have a duration of at least 30 calendar days; or
(b) A woman is under age 20 but not a teen parent, subject to Cal-Learn, does
not possess a high school diploma or its equivalent, and her physician
prescribes a specific period of postpartum recovery. (§42-793.1, modified and
renumbered to
§42-712.44, effective July 1, 1998)
|
|
112-4A
|
|
Prior
to July 1, 1998, state regulations provided that: The exemption from GAIN
based on incapacity is supported by a written or verbal statement from a
physician or a licensed or certified psychologist or by a member of that
individual's staff who has access to the patient's medical records. The
statement should include the following information:
(a) The individual has a physical or mental defect which by itself or in
conjunction with age, prevents the person from
engaging in full-time employment, or in training.
(b) The expected duration of the condition or impairment.
(c) If the incapacity is due to postpartum recovery, the date of birth, the
identification of any postpartum complications, and
the anticipated recovery date.
(d) The doctor's name, address, and telephone number.
(§42-793.21, repealed effective July 1, 1998)
|
|
112-4B
|
|
Prior
to July 1, 1998, state regulations provided that: If incapacity
verification is obtained verbally, documentation must include the date
verification was obtained, the name of the person who supplied the
verification, and the name of the county worker who obtained the
verification. (§42-793.211, repealed effective July 1,
1998)
|
|
112-4C
|
|
Prior
to July 1, 1998, state regulations provided that: The form, CA 61, Medical
Report, is required only when verification of incapacity cannot be obtained
by other means, i.e., the person is not currently receiving medical care and
no currently valid medical evidence is available, and it is necessary to
obtain a medical examination to establish evidence of the person's
incapacity. (§42-793.213, repealed effective July 1,
1998)
|
|
112-4D
|
|
Prior
to July 1, 1998, state regulations provided that: An individual is exempt
from GAIN: Based on the receipt of OASDI benefits because of the individual's
own disability, when verified by a copy of the award letter, or written
verification from Social Security; or Based on the receipt of SDI or Workers'
Compensation for the period covered by the benefit when verified by a copy of
the award letter or other written verification. (§§42-793.22 and .23,
repealed effective July 1, 1998)
|
|
112-4E
|
|
Prior
to July 1, 1998, state regulations provided that: If the incapacitated
individual's condition is expected to last more than one year, the condition
is to be reviewed at the annual reinvestigation. (§42-793.31, repealed
effective July 1, 1998) If the condition is not
expected to last one year, and specifies an expected duration of the
condition, the exemption is to be reviewed at the time the condition is
expected to end, or sooner if there is reason to believe that there has been
a change in the condition. (§42-793.3, partially repealed, and modified to
§42-793.44, effective July 1, 1998)
|
|
112-5
|
|
Prior
to July 1, 1998, state regulations provided that: In the GAIN program, an
individual is exempt from registration when the individual's presence in the
home is required on a substantially continuous basis because another
household member is physically or mentally impaired and no other household
member is appropriate, available, and capable of providing care for the
impaired person. (§42-795.1, repealed in part, modified in part, and
renumbered to §42-712.461, effective July 1, 1998)
|
|
112-5A
|
|
Prior
to July 1, 1998, state regulations provided that: The GAIN exemption based on
care of another individual in the household is documented by a written or
verbal statement from a physician or a licensed or certified psychologist or
a member of that individual's staff verifying there is a person in the
household who is physically or mentally impaired and someone is needed in the
home to provide care for the impaired person. (§42-795.21) The county must
determine whether the individual requesting GAIN exemption is the most
feasible person to provide the care. (§42-795.22; §§42-795.21 and .22, repealed
effective July 1, 1998)
|
|
112-5B
|
|
Prior
to July 1, 1998, state regulations provided that: If obtained verbally,
documentation of the GAIN exemption based on care of another person in the
household must include the date the statement was obtained, the name of the
person who supplied the statement, and the name of the county worker who
obtained the statement. (§42-795.211, repealed effective July 1, 1998)
|
|
112-5C
|
|
Prior
to July 1, 1998, state regulations provided that: The exemption set
forth in §42-795 shall be reviewed at:
1. The annual reinvestigation.
2. The time the individual's condition is expected to end if the expected
duration of the condition is less than a year.
3. When the CWD believes there has been a change in the recipient's circumstances
that would affect the exemption.
(§42-795.3, repealed effective July 1, 1998)
|
|
113-1
|
|
Prior
to July 1, 1998, the following regulations were in effect: One parent in
a family receiving AFDC-U is required to participate in GAIN as specified in
§42-775. The other parent, unless exempt or deferred, must participate with
GAIN as specified in §§42-772 and 42-774. (§42-775.1)
Upon completion of appraisal or assessment, that parent required to
participate in accord with §42-775 shall participate in one of the following
employment activities for an average of at least 16 hours per week:
1. Preemployment preparation, as set forth in
§42-730.32.
2. OJT as described in §42-730.33.
3. Any activity funded by grant diversion, as set forth in §§42-730.33, .34,
.35, and .4, revised to §42-730.34, .35, .36, and .4 effective January 26, 1996.
4. Unsubsidized employment of 16 hours per week, or, if fewer than 16 hours
per week, may be combined with employment activities set forth above.
5. A UWEX component as described in this section, modified to an AWEX
component as described in §42-730.33. (§42-775.3, as modified January 26, 1996)
(§§42-730 and 42-775 were repealed in their entirety, effective July 1, 1998)
|
|
114-1
|
|
Prior
to July 1, 1998, the following regulations were in effect: Before sanctions
(§42-786) are applied to the GAIN participant, the county shall determine if
there is good cause for the individual's failure or refusal: to enter into a
participant contract; to participate or (effective January 26, 1996) provide
required proof of satisfactory progress in any assigned activity; to accept a
job offer or job referral; to terminate employment or reduce earnings.
Failure or refusal to comply with program requirements is limited to those
requirements listed above. (§42-781.1)
Section 42-781 does not apply to teen parents in the CAL-Learn Program.
(§42-781.12)
The good cause criteria the county is to use are set forth in §42-782.1.
(§§42-781 and 42-782, were repealed in their entirety, effective July 1, 1998)
|
|
114-2
|
|
Prior
to July 1, 1998, state regulations provided that: Financial sanctions
shall be applied when the mandatory GAIN participant has failed to comply
with program requirements without good cause and conciliation efforts have
failed. (§42-786.1, repealed effective July 1, 1998)
|
|
114-2A
|
|
Prior
to July 1, 1998, state regulations provided that: If the individual who
failed or refused to participate in GAIN is a parent or caretaker relative in
a family whose basis of deprivation is incapacity or absence, his/her aid
shall be discontinued and aid shall be continued to the remainder of the
family. (§42-786.311, repealed effective July 1, 1998)
|
|
114-2B
|
|
Prior
to July 1, 1998, state regulations provided that: If the individual who
failed or refused to participate in GAIN is an eligible child, aid shall be
discontinued only for the child and aid shall be continued for the remainder
of the family even if the child is the only eligible child in the AU.
(§§42-786.312 and .313, repealed effective July 1,
1998)
|
|
114-2C
|
|
Prior
to July 1, 1998, state regulations provided that: If the individual who
failed or refused to participate is a parent whose sole basis for deprivation
is the unemployment of the principal earner, his/her aid shall be discontinued.
(§42-786.314) In addition, if the sanctioned parent's spouse or second parent
is not participating in the program, aid to the spouse or second parent shall
also be discontinued, except (effective January 1, 1994) as specified in
Subsection .314(b).
Subsection .314(a) provides that full-time employment of at least 30 hours
per week at the minimum wage or more shall satisfy the participation
requirement.
Subsection .314(b) provides that the exemption criteria specified in §§42-795
through 42-796 shall not apply to the spouse or second parent. If the spouse
or second parent meets any other exemption, deferral or good cause criteria
as set forth in §§42-788 through 42-794, 42-797 through 42-799, 42-761.4 or
42-782, he/she shall not be required to participate in order for his/her aid
to continue.
Subsection .314(e) provides that if the spouse or second parent chooses to
participate after the financial sanction has been imposed, his/her aid shall
be restored.
(§42-786.3 was repealed, effective July 1, 1998)
|
|
114-2D
|
|
Prior
to July 1, 1998, state regulations provided that: If the spouse or second
parent in the AFDC-U family chooses to participate and subsequently fails or
refuses to comply with the program requirements, prior to the reinstatement
of the first parent, the spouse or second parent shall be subject to the
provisions of §42-781 and this section. (§42-786.314(g); §§42-781 and
42-786.314, repealed effective July 1, 1998)
|
|
114-3
|
|
Prior
to July 1, 1998, state regulations provided that:
Good cause for a refusal or failure to comply with program requirements
specified in §42-781.1 shall include any of the following:
(a) An assignment, job referral, or job does not meet appropriate work and
training criteria, as specified in §42-783.
(b) The individual is temporarily ill or incapacitated.
(c) The individual is required to appear in court or is temporarily
incarcerated.
(d) The individual is experiencing a family crisis or change of individual or
family circumstances, such as any of the following:
(1) Death of a spouse, parent, or child;
(2) Illness of a spouse, parent, or child which requires the individual's
immediate attention.
(e) Inclement weather or other act of nature precludes travel to the
activity.
(f) A breakdown in transportation arrangements occurs with no ready access to
alternate transportation.
(g) The individual needs a social service not specifically mentioned in the
participant contract but which is required for participation.
(h) The individual refuses to accept major medical services even if the
refusal precludes participation in the program.
(i) Licensed or exempt child care is not reasonably
available during the individual's hours of training or employment, including
commuting time; or child care is needed for a child who meets the criteria of
§42-750.22, but does not meet the criteria of §42-750.21, and therefore is
not eligible for GAIN paid child care.
(1) "Reasonably available" child care includes having at least two
choices of child care arrangements which do not require either of the
following:
(A) Adding more than one-half hour one-way to the participant's commuting
time; or
(B) The child to transfer to a different school.
(2) The choices of child care shall meet the requirements specified in
§42-750.21.
(j) A breakdown or interruption of child care arrangements occurs.
(k) Suitable special needs child care is not reasonably available for
children with disabilities, chronic illnesses, or other special needs.
(l) An individual is engaged in employment or training that is consistent
with the employability objectives of the program, and prior notification and
approval from the County Welfare Department (CWD) has been received.
(m) The assignment or job would require an individual who meets the criteria
specified in §42-772.6 to participate or work more than 20 hours per week.
(n) Any of the deferral criteria specified in §§42-761.3 and .4, or the
exemption criteria specified in §§42-789 through 42-799.
(o) At the discretion of the CWD, any substantial and compelling reason other
than those specified in this section.
(§42-782.1; §§42-781 and 42-782 were repealed in their entirety, effective July 1, 1998)
|
|
114-4
|
|
Prior
to July 1, 1998, state regulations provided that:
When determining good cause, an assignment, job referral, job offer, or job
is not considered appropriate work or training, as specified in §42-782, if
it meets any of the following conditions:
(a) Discriminates in terms of age, sex, race, color, religion, national or
ethnic origin, physical or mental handicap, political affiliation, or marital
status.
(b) Requires travel between the place of employment or training and one's
home that exceeds a total of two hours round trip, or two miles round trip
when walking is the only available means of transportation, or requires the
individual to remain away from home overnight without his/her consent.
(1) The limit on travel time and mileage excludes transportation time/mileage
to take family members to and from school or care providers.
(c) Involves conditions and responsibilities that impair the participant's
physical or mental health, or tasks that the participant is not capable of
performing on a regular basis.
(d) Involves conditions that are in violation of applicable health and safety
standards.
(e) Is not within the scope of the employment plan contained in the contract
as specified in §42-771.
(f) The employment or training program position was created in violation of
the requirements in §42-730.13, .329, or .418.
(g) The employment, offer of employment, or work activity does not provide
for worker's compensation.
(h) Accepting the employment, offer of employment, or work activity would
cause the individual to violate the terms of his/her union membership.
(i) Accepting the employment, offer of employment,
or work activity would interrupt an approved education or job training
program, or would prevent the individual from returning to his/her regular
job within a reasonable period of time, with the following exceptions:
(1) The training program that would be interrupted is a PREP or AWEX
assignment as specified in §42-730.32 or .33.
(2) The job offer provides either of the following:
(A) Employment and sufficient income to lead to self-support, and the job
offer is within the scope of the employment plan.
(B) Temporary employment while the individual is waiting for reemployment in
his/her regular job.
(j) The employment or offer of employment exceeds the daily or weekly hours
of work customary to the occupation.
(k) The participant is not receiving the supportive services specified in the
participant contract entered into under §§42-772 or 42-774.
(l) Ancillary expenses exceed the limit allowed in §42-750.4.
(m) The offer of employment is at a wage level that results in a net loss of
income, as specified in §42-784. (This subsection is not applicable to teen
parents in Cal-Learn.)
(§42-783.1; §§42-782 and 42-783 were completely repealed, effective July 1, 1998)
|
|
114-5
|
|
State
law governing the UI program provides as follows:
(a) Whenever a registrant fails or refuses to appear for appraisal, or a
certified registrant fails or refuses to accept employment or to otherwise
participate in a work incentive or employment preparation program, the
department shall determine whether the individual had good cause for the
failure or refusal.
(b) The Department shall exhaust efforts toward conciliatory resolution of
disputes before it issues a notice of intended deregistration. The Department
shall inform the individual what may constitute good cause in writing on the
same notice which informed him or her that an issue exists concerning his or
her failure or refusal to cooperate or participate. The notice of unresolved
issues, which are issues prior to the potential issuance of a notice of
intended deregistration, shall clearly specify the action or actions that
resulted in the unresolved issue, the proposed steps that the registrant may
take towards conciliatory resolution, and the right to offer a counter proposal
towards conciliatory resolution, including the names and addresses of the
local legal services office and welfare rights office, if any, who can assist
him or her with conciliation. The purpose of this effort is to encourage the
participant to continue in the Work Incentive Program or Employment
Preparation Program. The conciliatory effort shall begin no later than 10
days following the date of failure or refusal to participate as determined in
subdivision (a). The conciliation effort may continue for a period not to
exceed 30 days. However, the registrant, upon written request, may terminate
this period sooner when he or she believes that conciliation will not resolve
the dispute. If the registrant refuses to meet the conditions of the
conciliation plan, the Department may terminate the plan earlier. Upon
meeting the agreed upon conciliation plan, the Department shall inform the
registrant of his or her successful completion of the plan in writing.
(Unemployment Insurance Code §5302)
|
|
114-6
|
|
Prior
to July 1, 1998, state regulations provided that: In GAIN, the first
financial sanction shall continue until the individual signs a participant
contract or participates in the required activity in which he/she previously
refused to participate. The second sanction is for a minimum of three months.
The third and subsequent sanctions shall continue for a minimum of six
months. The second and third sanctions may also be ended if the individual
signs a participant contract, or participates in the required activity in
which he/she refused to participate, once the three month or six month period
has run. (§42-786.2, repealed effective July 1, 1998)
|
|
114-7
|
|
Prior
to July 1, 1998, state regulations provided that: If a GAIN sanction period
has continued for three months, the county shall notify the individual in
writing of his/her option to end the sanction by beginning, or resuming,
participation. This notification must be made at least ten working days prior
to the end of the third month of the sanction. (§42-786.26, repealed
effective July 1, 1998)
|
|
114-9
|
|
Prior
to July 1, 1998, state regulations provided that: In determining whether the
financial sanction to be applied in accord with §42-786 is a first, second,
or subsequent sanction, a sanction has occurred only when there have been
instances of noncompliance without good cause which are not successfully
conciliated and which result in the issuance of a sanction Notice of Action.
(45 Code of Federal Regulations §250.34(a)(1); All-County Letter (ACL) No.
90-35, April 12, 1990) If a sanction is subsequently
rescinded, the instance of noncompliance without good cause is disregarded.
(§42-786.211; §42-786.2 repealed, effective July 1,
1998)
|
|
114-10
|
|
Prior
to July 1, 1998, state regulations provided that: When the county determines
that an individual has failed, without good cause, to comply with a program
requirement, the county shall conduct conciliation. (§42-781.4) The notice
that begins conciliation shall be issued at least six working days prior to
the scheduled appointment. (§42-781.411; §42-781 was completely repealed,
effective July 1, 1998)
|
|
115-2
|
|
Prior
to July 1, 1998, state regulations provided that: Counties have
authority to disapprove an SIP solely on the basis that it will take longer
than two years to complete. There may be one extension of six months at the
end of the two-year period if the individual's skills require more time than
was originally estimated, or the school did not offer required classes or
there was a personal or family crisis; and there is a reasonable expectation
the program can be completed within the additional six months.
(§42-772.41, repealed effective July 1, 1998)
|
|
115-2A
|
|
Prior
to July 1, 1998, state regulations provided that: Individuals who possess (a)
a baccalaureate degree or (b) who have the education and job skills necessary
to obtain unsubsidized employment in an occupation that will provide the
individual with an income equal to two times the federal poverty level for
the appropriate family size, are deemed to be employable and are not eligible
for SIP approval. (§42-772.431)
Individuals shall not be deemed employable under subsection (b) if they are
able to demonstrate that due to compelling personal circumstances employment
in the previous occupation is not realistic. (§42-772.432; §42-772 was
completely repealed, effective July 1, 1998)
|
|
115-2B
|
|
Prior
to July 1, 1998, state regulations provided that: Ancillary expenses
shall be paid when necessary to participate in approved GAIN activities or to
accept employment opportunities. These shall include books, tools, clothing,
fees and other necessary costs of a work or training assignment. Participants
who are in approved self-initiated programs shall not be reimbursed for
ancillary expenses. (§42-750.5, repealed effective July 1, 1998)
|
|
115-3
|
|
Prior
to July 1, 1998, state regulations provided that: If the CWD determines that
the participant had good cause for failing to meet the participation,
attendance or progress standards in an SIP, and the school allows the
participant to continue in the program, the county shall allow the
participant to continue in such program. (§42-772.48, repealed effective July 1, 1998)
|
|
115-4
|
|
Prior
to October 1, 1990, state law provided as follows: Payments for supportive
services such as child care shall be advanced to the participant, wherever
necessary, and when desired by the participant, so that the participant need
not use his or her funds to pay for these services. If the participant is
working in unsubsidized employment after having participated in this program,
child care shall be available for a transition period of not less than three
months. (W&IC §11320.3(f), repealed effective September 30, 1990)
|
|
115-5
|
|
Prior
to July 1, 1998, state regulations provided that: Supportive services shall
be provided to GAIN registrants to enable them to participate in GAIN
activities or to accept employment opportunities. At a minimum, these
services shall include child care referrals and payments, transportation
costs, ancillary expenses, and personal counseling (except for certain
individuals in SIPs). (§42-750.1, repealed
effective July 1, 1998)
|
|
115-6
|
|
Prior
|