DAR File No. 27249

Human Services, Aging and Adult Services

R510-107

Title V Senior Community Service Employment Program Standards and Procedures

NOTICE OF PROPOSED RULE

DAR File No.: 27249
Filed: 06/29/2004, 09:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The United States Department of Labor enacted new regulations that are significantly different than the current rule.

Summary of the rule or change:

Under the new regulations, the reporting requirements change, eligibility changes, treatment plans change, host agencies assume a bigger role, there is more client tracking, and there is more federal reporting. (DAR NOTE: A corresponding 120-day (emergency) rule is under DAR No. 27248 in this issue, and was effective 07/01/2004.)

State statutory or constitutional authorization for this rule:

Section 62A-3-107

20 CFR 641 (April 9, 2004)

Anticipated cost or savings to:

the state budget:

The State appropriations will not change. This program has been in existence for several decades. The process for implementing the program will change but there are no cost involved.

local governments:

Local government appropriations will not change. This program has been in existence for several decades. The process for implementing the program will change but there are no costs involved.

other persons:

Host agencies may experience a minimal increase in cost due to required participation in a survey, but the cost remains unknown.

Compliance costs for affected persons:

Host agencies may experience a minimal increase in cost due to required participation in a survey, but the cost remains unknown.

Comments by the department head on the fiscal impact the rule may have on businesses:

The Title V program is designed to provide skills training and job placement for low-income seniors. The program has been operational for a considerable amount of time. The new procedures will have no affect on business costs because their role does not change with the proposed changes.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Mike Bednarek at the above address, by phone at 801-538-3922, by FAX at 801-538-4395, or by Internet E-mail at mjbednarek@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/16/2004

This rule may become effective on:

08/17/2004

Authorized by:

Robin Arnold-Williams, Executive Director

RULE TEXT

R510. Human Services, Aging and Adult Services.

R510-107. Title V Senior Community Service Employment Program Standards and Procedures.

R510-107-1. Purpose.

[1.1](1) Provide useful part-time community service employment for persons with low incomes who are 55 years old or older and provide useful community services.

[R510-107-2. Definitions.

2.1 The following definitions apply to all sections of this part:

A. Eligible Individuals - means a person who is 55 years of age or older and who has a low income as defined in this section.

B. Eligible Organization - means an organization which is legally capable of receiving and using Federal Funds under Title V of the Older Americans Act.

C. Enrollment and Training Programs - means publicly funded efforts designed to offer training and/or placement services which enhance an individuals employability. The term is used in this part to include but not be limited to the Job Training Partnership Act or similar successor legislation and state or local programs of a similar nature.

D. Enrollee - means an individual who is eligible, receives services, and is paid wages for engaging in community service employment under a project.

E. Contract Agreement - means a legally binding agreement in document form which is a contract entered into between the Utah State Division of Aging and Adult Services and an eligible organization and which awards Federal Funds and provides for authorized activities under Title V of the Older Americans Act.

F. Host Agency - means a public agency or a private nonprofit organization, other than a political party, exempt from taxation under the provisions of section 501(c)(3) of the Internal Revenue Code of 1954, which provides a work site and supervision for an enrollee.

G. Low Income - means, for purposes of this part, an income which, during the preceding 6 months on an annualized basis or the actual income during the preceding 12 months, whichever is more beneficial to the applicant, is not more than 125 percent of the poverty levels established and periodically updated by the U.S. Department of Health and Human Services. In addition, an individual who receives or is a member of a family which receives regular cash welfare payments shall be deemed to have a low income for purposes of this part.

H. Project - means an undertaking by a project sponsor pursuant to a grant agreement between the Department of Labor and a project sponsor which provides for the employment of eligible individuals and the delivery of associated services.

I. Project Sponsor - means an eligible organization which has entered into a grant agreement with the Department of Labor.

J. Project Year - means the 12-month period covered by a grant agreement.

K. Reallocation - means the redistribution of Title V funds as proposed by the Department of Labor from one State to another State(s) or from one project sponsor to another project sponsors(s).

L. SCSEP - means Senior Community Service Employment Program as authorized under Title V of the Older Americans Act.

M. State Agency on Aging - means the Utah State Division of Aging and Adult Services.

N. Subproject Agreement or Contract - means an agreement entered into between a project sponsor and an organization which provides for the transfer of Federal Funds to the organization for the purpose of carrying out activities authorized in the grant agreement.

O. Subproject Sponsor - means an organization which has entered into a subproject agreement or contract with the Utah State Division of Aging and Adult Services.

P. Temporary Position - means an enrollment opportunity in addition to the authorized positions made available during a project year when a portion of project funds is not being used as planned in the grant agreement.

R510-107-3. Responsibilities.

3.1 Subproject sponsor/host agency responsibilities are to provide enrollees:

A. Opportunities for skill acquisition or skill enhancement.

B. Annual physical examinations or signed waiver.

C. Personal and employment-related counseling.

D. Assistance in transition to unsubsidized employment where it is feasible.

E. Recruitment and selection of enrollees.

F. Agency orientation.

G. Assessment on suitability of job assignment.

H. Annual determination of eligibility for SCSEP.

I. Assistance in transition to unsubsidized employment where feasible.

J. Select community service employment occupational categories and work assignments for enrollees.

3.2 State Agency Responsibilities

A. Develop an annual pre-application grant for Title V to be approved by the Department of Labor in order to establish and operate a Title V program within the State of Utah.

B. Develop a grant disclosing Utah's proposed method to implement Title V Senior Community Service Employment Program and serve in the capacity of project sponsor.

C. Take the leading role in the coordination of statewide activity with other national sponsors (i.e., Green Thumb and Forest Service).

D. Develop an annual equitable distribution report with Green Thumb and Forest Service.

E. Select eligible organizations and develop subproject contracts or agreements with said agencies in order to implement the Title V program for a project year.

F. Annually monitor and assure case file compliance and fiscal accountability.

G. Provide quarterly reports to the Department of Labor on progress toward statewide grant objectives.

H. Complete an annual close-out report for the Department of Labor and any other relevant report or informational request.

I. Assure to the extent feasible that the Title V statewide program enroll minorities and limited English-speaking eligible individuals in proportion to their number in the State.

J. Enforce federal Laws and regulations relevant to this program.

K. Cooperate with agencies providing services to elderly persons and with agencies providing employment and training services, including activities conducted under the Job Training Partnership Act.

L. Select subproject sponsor and host agencies to provide a variety of community service opportunities for enrollees, and produce a variety of services which respond to the community's total needs.

M. Continue pre-existing coordinating relationships with Area Agencies on Aging, and work with State employment security agencies.

N. Disseminate relevant program information to subproject sponsors and provide technical assistance when needed or upon request.

R510-107-4. Recruitment and Selection of Enrollee.

4.1 Each subproject sponsor shall use methods of recruitment and selection which will assure that the maximum number of eligible individuals have an opportunity to participate in the project. Recruitment efforts shall be designed to assure equitable participation of minority groups and limited English-speaking eligible individuals.

4.2 To facilitate recruitment activities, subproject sponsor shall develop a fact sheet. In addition to promoting recruitment, the fact sheet can also include the following information:

A. Provide information to the public and the potential employers about the goals of the program and how it operates.

B. Seek the cooperation of prospective employers to expand employment opportunities for older workers in both the private and public sectors.

C. Increase public awareness of the needs of the older workers and the contributions they make to local communities and economies.

4.3 The subproject sponsor shall assure participants fair, equitable treatment and access to the Title V Program. The following methods shall be considered by a subproject sponsor when activating recruitment procedures for an enrollee slot:

A. Contacting the local State Job Service offices, Area Agencies on Aging, Social Security offices, JPTA sponsors, AARP program.

B. Utilization of mass media (newspapers, radio, and television for free public service announcements) including local bi-lingual media, newspapers, and other community resources.

C. Have announcements made by civic, labor, religious, business organizations, organizations of older people, and agencies serving older people; and

D. Arrange for the display of posters announcing the availability of Title V Senior Community Service Employment Program in public buildings, business places, senior centers, nutrition project sites, and in other places where these will be seen by older people.

R510-107-5. Eligibility Determination.

5.1 Subproject sponsors shall be responsible for assuring and documenting the eligibility of all applicants for participation in the program in accordance with the following criteria:

A. Age: Prior to the date of actual enrollment for participation in the program, the individual must have reached 55 years of age or older. Priority will be given to those individuals who are 60 years of age and older. There is no maximum age limitation and no person shall be determined ineligible solely because of advanced age.

B. Residency: The individual must live in Utah. There is no length of residency required except that the person live in the state during the time of participation in the program.

C. Income: The income of an individual or of the family of which the individual is a member shall not exceed the low income standards defined by U.S. Department of Health and Human Services (which are periodically up-dated) and shall be applied to:

1. Each individual seeking initial enrollment.

2. Each individual seeking reenrollment after termination from SCSEP.

3. Each enrollee seeking certification for continued enrollment.

D. Family (for the purpose of determining income): Is defined as one or more persons living in a single residence who are related to each other by blood, marriage, or adoption. A step-child or step-parent shall be considered to be related by marriage. Anyone claimed as a dependent on the applicant's Federal Income Tax return for the previous year shall be presumed to be part of the applicant's family for the current year unless otherwise demonstrated. Except as provided above, an individual 18 years or older who receives less than 50% of his/her support from the family, and who is not the principal earner or the spouse of the principal earner, shall not be considered as a member of the family.

E. Inclusions to income: For purposes of determining wages or salary the total gross earnings received for work performed as an employee. Use the amount paid before deductions for income taxes, social security, bond purchases, union dues, etc. Wages and salaries received for by individuals through public service employment and on-the-job training under JTPA are to be counted as income.

1. If an applicant, or an enrollee who is being recertified, has other family members who are currently enrolled in SCSEP, the SCSEP earning of the other family member(s) must be included as income.

2. Self-employment income: Net money income (gross receipts minus operating expenses) from a business firm, farm or other enterprise in which a person is engaged on his or her own account must be counted.

3. Other income: Net money income (gross receipts minus operating expenses) received from such other sources as net rents, Social Security benefits, pensions, alimony, military retirement pay, periodic income from insurance policy annuities that is not for a fixed term and other cash income not specifically excluded below must be counted.

5.2 Exclusions from income: The following types of income shall not be counted for the purpose of determining annual family income for SCSEP:

A. Non-cash income: Such as food stamps and compensation received in the form of food, housing, or other non-cash compensation or gifts.

B. Public assistance payments: Includes all types of local, state, or federal cash welfare such as AFDC, SSI, and disability payments from Social Security and Black Lung programs.

C. Employment programs: Payments made to participants in employment and training programs such as allowance payments for classroom training, transportation, and dependents allowances, wages for work experience, wages earned under SCSEP by the applicant or person being recertified, and stipends earned from programs such as Foster Grandparents. (Wages earned under OJT and PSE employment programs are countable).

D. Recertification/reenrollment: For persons who are being recertified for continued enrollment, or those persons applying for reenrollment whose previous termination was due to illness or acceptance of unsubsidized employment, five hundred dollars ($500) of otherwise includable income shall be excluded from the individual's family income.

E. Capital gains or losses.

F. Federal, state, or local employment benefits.

G. One-time unearned income: Such as the following examples: Payments received for a limited fixed term under income maintenance programs and supplemental unemployment benefit plans; one-time or fixed term scholarship and fellowship grants; accident, health and casualty insurance proceeds; disability and death payments, including fixed term (but not life time) life insurance annuities and death benefits; one-time awards and gifts; inheritance, including fixed term annuities; fixed term worker's compensation awards; terminal leave payments; soil bank and other agriculture crop stabilization payments.

H. Payments for child support.

I. Veteran's compensation payments: All benefit payments to veterans except military retirement pay shall be excluded for SCSEP income eligibility purposes.

J. Interest income.

K. Foster grandparent and senior companion stipends.

This list is not intended to be all inclusive, but is intended to provide the conceptual framework of one-time unearned income.

5.3 Computation: For all persons who are applying for an enrollment for the first time or re-applying for enrollment, and for currently enrollees who are being recertified:

A. The income eligibility shall be computed by either taking their countable family income during the preceding 6 months and annualizing it (multiply by 2) or by taking the total includable income for the past 12 months. The method used of these two shall be the one that results in the lower annual family income.

B. The figure arrived at by the above process is then entered on the eligibility certification form, which is then compared to the poverty levels to determine if the individual meets the income eligibility criteria.

5.4 If a person is found to be ineligible:

A. Through providing false information at the time of interview or recertification, the person shall be terminated immediately.

B. Through no fault of his/her own, such as income increasing to a level higher than the maximum allowable or inability of the Program Coordinator to find constructive and productive work for the person's capability, or because of a error on the part of the interviewer, the individual shall be given 30 days notice before termination in writing. To the extent possible, such individuals shall also be provided assistance to obtain other employment.

C. Persons found ineligible shall be informed of their appeal rights in accordance with the local subproject sponsor grievance procedures. If they are enrolled at the time of determination, a termination form must be completed and inserted in their file.

Subproject sponsors shall not impose any additional condition or requirement for enrollment eligibility. Also, all intake information should be obtained by personal interviews and verified by the dated signature of the interviewer and the applicant.

R510-107-6. Selection/Enrollment Priorities.

In selecting individuals from the eligible applicants for actual enrollment to fill available vacancies, the subproject sponsor shall apply the following priorities:

A. First priority: Subproject sponsors that have temporary enrollees shall give them first consideration for permanent enrollment.

B. Second priority: shall be given to those individuals who are 60 years of age or older.

C. Third priority: shall be given to individuals who are applying for reenrollment whose termination was due to extended illness or placement into unsubsidized employment.

D. Fourth priority: shall be given to the remaining applicants according to economic need.

R510-107-7. Physical Examinations.

7.1 The physical exam is a benefit of the program, not an eligibility requirement.

7.2 Subproject sponsors shall insure that each enrollee receives a physical examination or signs a written waiver of the exam prior to enrollment on the program. No applicant shall be paid wages for any activity prior to receiving a physical exam or signing a waiver.

7.3 The purpose of the examination is to determine the type of work the individual can do. The physical may be received up to 30 days prior to application for participation in the program. Physical received prior to application shall not be paid for with program funds. If the subproject sponsor is unable to find or to develop an employment opportunity for the person within his/her physical capability, the individual shall be informed and a written and signed statement detailing the situation shall be completed by the subproject sponsor and attached to the intake form. The applicant adversely affected shall be informed and assisted to exercise all of his /her due process appeal rights.

7.4 Each temporary and permanent enrollee shall be provided with a physical examination at least once every 12 months to determine his/her capability to continue in his/her current job assignment unless the individual voluntarily declines to take the physical and signs a waiver to that effect.

7.5 Subproject sponsors shall make all efforts to obtain physical examinations at reduced rate or at no cost from local health departments, clinics, hospitals or other sources. Where no other sources exist, the physical examinations will be paid for from program funds. The cost allowed for physical examinations shall be in accordance with prevailing local rates. Except for physicals received prior to application, the applicant/enrollee may not be required to pay for the physical examination themselves.

7.6 All physical examinations must be completed by the examining physician and a copy of all exams and waivers must be retained by the subproject sponsor and placed in the enrollee's personnel file. The original of the exam form or waiver is to be maintain within the enrollee's personnel file for documentation and accountability purposes.

R510-107-8. Waiting List.

8.1 If applications are received when all slots are filled, the subproject sponsor shall retain the intake form for review when vacancies exist.

R510-107-9. Types of Appointment.

9.1 Permanent enrollees shall be all those enrollees enrolled up to the number of authorized slots as designated in the contract.

9.2 Temporary enrollees shall be all those enrollees over the number of authorized slots.

R510-107-10. Orientation.

10.1 Each enrollee who is accepted for enrollment will receive orientation training as soon as practical prior to or after actually starting work at a host agency. Such orientation is designed to inform the enrollee of the purpose and goals of the program, to explain the benefits and services available, to discuss job placement goals, and to explain the participants' rights and responsibilities as an enrollee of the program. Topics to be discussed shall include, but not necessarily be limited to:

A. Hours of work.

B. Safe working habits.

C. Fringe benefits.

D. Host agency philosophy.

E. Unsubsidized placement policy.

F. Enrollee responsibilities.

G. State agency responsibility.

H. Host agency responsibility.

I. Grievance procedures.

J. Supportive services.

K. Code of conduct and ethics.

L. Standards of performance.

10.2. Time spent by enrollees in orientation and pre-job training shall be considered as enrollment for which they shall receive pay.

R510-107-11. Enrollee Policy.

11.1 Enrollee wages: Enrollees are to be provided an hourly amount that correspond to the highest of:

A. The federal minimum wage.

B. The state minimum wage.

C. The prevailing local wage for the type of work the enrollee is engaged in, if funding is available.

11.2 Hours of work:

A. Enrollees are not to be paid for more than 1300 hours during a twelve month period. This includes pay from the program for any purpose such as: orientation, training, sick leave, annual leave, holiday pay, etc. If an enrollee is transferred from another Title V SCSEP sponsor, the hours worked for the previous sponsor shall be carried over and counted toward the enrollee's 1300 hour limit for the current year.

B. A work schedule shall be established for each enrollee and maintained on file at the local project site office. Project sponsors shall attempt to ensure that enrollees work during normal business hours.

C. A project sponsor shall not offer an enrollee an average of fewer than 20 hours of paid participation per week; however, shorter periods may be authorized by written agreement between an enrollee and a project sponsor.

D. A subproject sponsor shall not require an enrollee to participate more than 20 hours during one week.

11.3 Duration of enrollment: There shall be no time limited placed on any permanent enrollee's participation in the program. Time limits may be placed on the participation of a temporary enrollee. However, such limitations are to be made a part of the enrollee's official file at the time of employment.

11.4 Enrollee fringe benefits: Project sponsors shall ensure that enrollees receive all Fringe Benefits required by law.

A. Fringe Benefits shall be administered uniformly to all permanent and temporary enrollees. All enrollees must be provided with the following:

1. Worker's compensation.

2. F.I.C.A. tax payments.

3. Unemployment Insurance.

B. Additional fringe benefits may be provided for enrollees in accordance with the practice of the subproject sponsor for its own employees:

1. Annual leave.

2. Sick Leave.

3. Holiday pay.

11.5 Enrollee transportation.

A. Subproject sponsors are authorized to provide payment for transportation only when such travel is performed by the enrollees in the direct performance of their employment related activities. Payment with project funds for travel to and from home and work is to be authorized only in hardship cases as determined by the subproject sponsors.

B. Whenever possible, payment for work related travel shall be obtained from the host agency or other local resources.

C. When transportation is paid with project funds, the travel shall be documented and the records shall include the purpose of the trip(s), odometer reading (if required by the agency policy), and the location(s) travel from and to.

D. Reimbursement for travel shall not exceed the current federal mileage rate for personal automobile usage.

E. Enrollees utilizing their private vehicle in the performance of assigned duties must show proof of liability insurance coverage required by state law.

F. Records containing the name of the insurer, the coverage limits, and the expiration date shall be maintained for all enrollees who receive payment for travel costs.

G. If an enrollee's job requires driving a vehicle owned by the Host Agency, the owner shall assume full responsibility for the liability and injury insurance coverage.

11.6 Host agency selection: SCSEP work sites may be developed with any organization that meets the following criteria:

A. The agency must be either:

1. A public agency - this is any organization or entity that is established by authorization of local, state, or federal statute, law or executive order.

2. A non-profit organization - that has a 501(c)3 tax exempt status from the Internal Revenue Service.

B. The activity the enrollees are involved in must be open to the general public without regard to language, race, religion, political or handicapped status.

C. Each Host Agency shall be provided with information concerning the SCSEP program that includes the following:

1. The kind of supervision expected from the agency.

2. The responsibility the agency has to assist the enrollee to obtain unsubsidized employment.

3. The in-kind (non-federal contribution) requirements (if applicable).

4. The responsibility of the agency to provide a safe working environment.

5. Department of Labor's enrollee policies relating to hours of work, pay, fringe benefits, accident reporting, performance standards, EEO Affirmative Action policies, etc.

11.7 Subproject sponsors shall have no inherent right to any positions and Utah State Division of Aging and Adult Services reserves the right to reassign enrollees and/or position as the needs of the enrollees, community (equitable distribution), and state of Utah dictate.

11.8 Assessment:

A. After an applicant has been accepted for enrollment the program coordinator shall conduct an assessment of the individual's capabilities and interests to determine a suitable work assignment that will eventually lead to the placement of the enrollee into unsubsidized employment. In making the assessment, the following items shall be taken into consideration:

1. The information provided on:

a. the intake form,

b. the physical examination,

c. the self evaluation form,

d. the employability plan.

2. The individual's interests and job preferences.

3. The person's work history.

4. The geographical location the enrollee can reasonably commute to.

B. The assessment must be documented and recorded in the enrollee's file.

11.9 Pre-placement training

A. When it is necessary to prepare the enrollee for an assignment, pre-placement training may be provided by the program coordinator. Such training may be conducted in any manner that is appropriate to the enrollee's needs, and although the training may be paid for with grant funds, the program coordinator should make all possible attempts to obtain the training at no cost or reduce cost through local resources.

B. Time spent by enrollees in training shall be considered enrollment and the enrollees shall be paid at the state or federal minimum wage whichever is highest or the prevailing rate of the job position.

C. Pre-placement training and orientation combined shall not exceed a total of 80 hours per individual enrollee and should be conducted in the first 2 weeks unless extended periods are authorized by the State Office.

11.10 Enrollee work assignment

A. As soon as possible after enrollment, orientation, assessment and pre-placement training, each enrollee shall be placed in a community service placement. This job shall be developed in consultation with a Host Agency and shall meet the following criteria:

1. Must contribute to the improvement and general welfare of the community.

2. Must result in an increase in employment opportunities over those which would otherwise be available.

3. Must not result in the displacement of currently employed enrollees or fill positions of persons on layoff, including partial displacement such as a reduction in hours of non-overtime work, wages or employment benefits.

4. Shall not impair existing contracts for service or result in the substitution of federal funds for other funds in connection with work that would otherwise be performed.

5. Shall not substitute project jobs for existing federally assisted jobs.

6. Shall provide good public recognition for the enrollee's skills and abilities.

7. Shall serve as many people as possible.

8. Shall provide opportunities for learning new skills.

9. Shall have a positive impact on community self image.

10. Shall create new community services or expand existing services.

11. Shall provide an opportunity for unsubsidized placement after a reasonable amount of time.

11.11 Special limitations which apply to all SCSEP work assignments

A. Enrollees shall not be assigned to projects involved in the construction and building of highways and other projects which inures primarily to the benefit of private profit making organizations.

B. Enrollees shall not be involved in projects connected with construction, repair, painting, rehabilitation, operation or maintenance of any facility used, or to be used as, a place of sectarian religious worship or instruction.

C. No project or activity in SCSEP shall involve partisan political activities, and enrollees, project employees, or funds shall not be used for any activities under this section.

D. No SCSEP funds shall be expended directly or indirectly for the purchase, erection or repair of any building except for:

1. Minor remodeling of a public building necessary to make it suitable for use by project administrators.

2. Minor repair and rehabilitation of private residences performed in conjunction with local public housing programs intended to benefit low-income families or individuals.

3. Minor repair and rehabilitation of publicly used facilities performed to beautify, improve, or restore the facilities for the general betterment of the community.

11.12 Monitoring and supervision

A. Subproject sponsor shall provide all administrative supervision functions which includes:

1. Hiring.

2. Disciplinary action.

3. Setting wages.

4. Fringe benefit policies.

B. Host agencies shall be required to provide the supervision necessary for safe, productive and effective work.

C. To ensure that the program objectives are being met, the subproject sponsor shall monitor each project on-site at least once a quarter.

11.13 Safety

A. No enrollee shall be permitted to work in building or surroundings under working conditions which are unsanitary, hazardous or dangerous to his/her health or safety or which are contrary to federal and state occupational health and safety administration laws and regulations.

B. No enrollee shall be permitted to continue or begin work on premises that have been restricted under official occupational safety and health regulations and/or under regulation promulgated under the Clean Water Acts and the Consumer Production Program. This point shall be agreed to with any prospective host agency prior to assignment of enrollees to a work site.

11.14 Enrollee training

A. Training shall be provided to enrollees during their enrollment on the program to develop self confidence, to teach new job skills, to update old skills and to motivate enrollees to seek and obtain employment in the regular competitive job market.

B. Subproject sponsors shall, whenever possible, obtain training services through locally available resources at no cost or reduced cost to the program.

C. Time spent by enrollees in training shall be considered a part of the enrollment time, and the individual shall be paid at his/her established rate of pay. Such payment for participation in training shall not exceed 260 hours during a program year.

11.15 Unsubsidized placement

A. Subproject sponsors are required to place 20% of their allotted slots into unsubsidized employment each grant year.

B. Unsubsidized employment may be with either public or private employers, and includes any job that is not directly subsidized by a federal employment program such as JTPA, etc.

C. All orientation, work experience, training, counseling, etc., given to enrollees during their participation in the program should be aimed at achieving the final goal of unsubsidized employment. Subproject sponsors are encouraged to engage in a wide spectrum of activities designed to achieve the transition of enrollees to unsubsidized employment.

D. After an enrollee is placed into an unsubsidized job, subproject sponsors shall follow-up on the progress of the individual in their new job sometime between 30 and 90 days after termination from the program. If the enrollee is unable to continue in the job, he/she is eligible to return to SCSEP employment on a priority basis.

E. All unsubsidized placements shall be documented on the termination form and subproject sponsors shall maintain records of the follow-ups completed for placed enrollees.

11.16 Supportive services

A. When needed by an enrollee for successful participation in the program, supportive services may be provided by the subproject sponsors. Such services may be paid for with the project funds if other resources are not available. Supportive services for enrollees may include but are not limited to:

1. Referral to appropriate public agencies to address problems of the enrollee or her/his family.

2. Incidental needs for the job assignment such as safety clothing, work clothing, eyeglasses, etc.

3. Preparation of resumes for job search activities.

4. Transportation to service agencies.

11.17 Termination procedures

A. The participation of an enrollee in the program may be terminated for the following reasons:

1. Placement into employment;

2. Voluntary resignation by the enrollee;

3. Failure to continue to meet the eligibility requirements;

4. Extended illness;

5. Transfer to another SCSEP project; and,

6. Misconduct which may include any of the following but is not limited to:

a. gross negligence, physical violence, and other disorderly or disgraceful conduct;

b. theft and/or fraud;

c. repeated and unjustifiable tardiness and absenteeism;

d. misuse of annual or sick leave;

e. giving false statements on application or recertification forms;

f. falsifying reports, e.g. time sheets, travel vouchers, etc.;

g. violation of safety rules;

h. ineffectiveness, demonstrated inability or incompetence to carry out duties of assigned job;

i. refusal to obey legitimate instructions of a supervisor;

j. reporting to work under the influence of intoxicating beverages or habit forming drugs or the use of such on the work site;

k. sleeping during working hours; and,

l. refusal to attend an unsubsidized job interview without just cause.

B. In cases where an enrollee is terminated because of misconduct, the subproject sponsor must inform the enrollee of his/her right to file a grievance. Use the due process procedures spelled out in your local agency. Whenever an enrollee is terminated for any reason, a termination notice must be completed and maintained in the enrollee file for state review.

R510-107-12. Program Files.

A. Each enrollee shall have an individual personnel file which shall contain the following information:

1. Intake form.

2. Documentation of eligibility.

3. Physical examinations and/or waivers.

4. Assessment/employability forms.

5. W-4 forms.

6. Recertification forms.

7. Job descriptions.

8. Termination documents.

9. Correspondence and other documents pertaining to the individual enrollee.

10. Certification of income.

11. Staff Training Record.

12. Leave Records.

13. Sign time and attendance reports.

14. Title V Statement of Understanding - signed or temporary enrollment agreement (when applicable).

B. Subproject sponsors files, which shall contain:

1. Subproject sponsor and host agency agreements.

2. Documentation of 501(c)3 tax status if appropriate.

3. Copies of monitoring reports related to the agency.

C. Other documents, correspondence, and material, such as monitoring reports pertaining to program operations.

D. The program files are to be retained five years after an enrollee or host agency has been terminated from the program.

R510-107-13. Quarterly Progress Report.

13.1 Subproject sponsors must submit a "Quarterly Progress Report" to the state agency office at the end of each quarter of the calendar year.

13.2 The Quarterly Progress Report is due to the state agency office by the 15th working day after the end of the quarter.

R510-107-14. Private Sector Experimental Demonstration Project.

14.1 Under the Private Sector Experimental Demonstration Project, the subproject sponsor can develop on-the-job training arrangements with businesses in the private sector. The basic purpose of the project is to provide an opportunity for older workers to enter the private job market on a trial basis and demonstrate their value to employers.

14.2 The employer must operate a business in the private sector and must have an actual job opening to place the older worker in if the trial period is successful. A written agreement must be made between the subproject sponsor and the employer before any enrollee is assigned to work at the business. Priority will be placed with small and minority owned businesses.

14.3 The work can be for any number of hours per week, up to 40 hours; it can be for a period of up to 6 weeks. During the project period, the subproject sponsor will pay wages and benefits as specified in the agreement.

14.4 It is expected that if the older worker completes the trial period agreement without problems being expressed by the employer, the employer will offer the position to the enrollee on a permanent basis. If it becomes obvious to the employer during the trial period that the enrollee will not be able to satisfactorily perform the job, the subproject sponsor will either provide additional enrollees for the employer to choose from or if the employer so desires, the subproject sponsor will simply cancel the agreement.

14.5 Upon cancellation of the agreement at anytime, there will be no obligation to the employer except that the subproject sponsor shall not place additional positions with the employer.

14.6 All enrollees placed in the demonstration program must meet all the eligibility requirements for Title V. An enrollee already on the program can be transferred to the position with no additional paperwork except that the agreement and notification is placed in the enrollee file for documentation purposes acknowledging job change assignment.

R510-107-15. Non-Federal and State Status of Enrollees.

15.1 Enrollees who are employed in any project funded under the Older Americans Act are not federal or state employees as a result of such employment.

R510-107-16. Temporary Positions.

16.1 Where a portion of project funds is not being used as planned in the contract agreement, the project sponsor may use those funds during the period of the agreement to enroll additional eligible individuals in temporary positions. The number of temporary positions may not exceed 20 percent of the total number of authorized positions established under the agreement without the written approval of the Department of Labor. Payments to or on behalf of enrollees in temporary positions shall not exceed the amount of the unused funds available. Each individual enrolled in a temporary position shall be informed in writing that the employment is of a temporary nature and may be terminated. Project sponsors first shall seek to maintain full enrollment in authorized positions and shall seek to schedule all enrollments and terminations to avoid excessive terminations at the end of the project period.

R510-107-17. Maintenance of Effort.

17.1 Employment of enrollees funded under the Older Americans Act (Act) shall be only in addition to employment which would otherwise be funded by the subproject sponsor, and the host agencies without assistance under the Act.

17.2 Projects funded under the Act:

A. Shall result in an increase in employment opportunities in addition to those which would otherwise be available;

B. Shall not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non-overtime work, wages, or employment benefits;

C. Shall not impair existing contracts for service or result in the substitution of federal funds for other funds in connection with work that would otherwise be performed;

D. Shall not substitute project jobs for existing federally-assisted jobs; and

E. Shall not employ or continue to employ any enrollee to perform work which is the same or substantially the same as that performed by any other person who is on layoff.]

R510-107-2. Program Standards and Procedures.

(1) The Division's standards and procedures for this program are incorporated by reference to be 20 CFR Part 641 as published April 9, 2004.

KEY: elderly, employment

[1988]2004

Notice of Continuation November 1, 2002

62A-3-104

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Mike Bednarek at the above address, by phone at 801-538-3922, by FAX at 801-538-4395, or by Internet E-mail at mjbednarek@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.