DAR File No. 28425

Workforce Services, Employment Development

R986-300-305

Failure to Comply with an Employment Plan

NOTICE OF PROPOSED RULE

DAR File No.: 28425
Filed: 12/15/2005, 04:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the change is to align the conciliation process for refugees with the conciliation process for the Family Employment Plan. Our federal partners have told us that the conciliation process for refugees must be the same as the conciliation process for the Family Employment Plan except where the federal requirements are different.

Summary of the rule or change:

This proposed amendment brings the Department's rule into compliance with the federal requirements. This will add an additional step to the current conciliation process by requiring a staffing prior to imposing sanctions.

State statutory or constitutional authorization for this rule:

Section 35A-1-104 and Subsection 35A-1-104(4)

Anticipated cost or savings to:

the state budget:

This is a federally-funded program so there are no costs or savings to the state budget.

local governments:

This rule does not apply to local government so therefore there are no costs or savings to local governments. Local governments do not contribute to the costs of this program.

other persons:

There are no costs or savings to any other persons as there are no fees associated with this program and it is federally funded.

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. This will add one step to the conciliation process for refugees but the step involves Department personnel only.

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

There are no compliance costs associated with this change. There are no fees associated with this change. It will not cost anyone any sum to comply with these changes. Tani Downing, Executive Director

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:

Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@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:

02/01/2006

This rule may become effective on:

02/02/2006

Authorized by:

Tani Downing, Executive Director

RULE TEXT

R986. Workforce Services, Employment Development.

R986-300. Refugee Resettlement Program.

R986-300-305. Failure to Comply with an Employment Plan.

[(1) A client who fails to comply with the requirements of the employment plan will be disqualified from receiving financial assistance for three months for the first occurrence. The disqualification period for the second occurrence is six months. There is no conciliation process available to recipients of financial assistance under RRP, but the Department will attempt to reconcile the problem with the client by offering counseling at least seven days prior to the termination of assistance.](1) If a client who is required to participate in an employment plan consistently fails to show good faith in complying with the employment plan, the client is required to participate in the conciliation process in R986-200-212 with the following exceptions:

(a) the client will be disqualified for a period of three months for the first occurrence and six months for the second occurrence instead of the two month reduction as provided in R986-200-212(2),

(b) since there is no reduction of benefits, subsections R986-200-212(3) and (4) do not apply to RRP clients,

(c) because the disqualification period for RRP is a time certain, there is no trial period as provided in R986-200-212(5).

(2) If there are other household members included in the financial assistance payment, the other household members will continue to receive assistance provided those household members are eligible and complying with all of the requirements of RRP.

(3) If eligible, food stamps and medical assistance may be continued for the person who is disqualified for failure to comply with the requirements of an employment plan.

KEY: refugee resettlement program

[October 2, 2000]2006

35A-3-103

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@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.