Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 2 - DEPARTMENT OF ECONOMIC SECURITY - EMPLOYMENT AND TRAINING › Article 1 - GENERAL PROVISIONS › Section R6-2-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply to this Chapter:
1. "America's Job Bank" means a nationwide computer database
				  linking more than 1800 local Employment Service offices. The services of
				  America's Job Bank are available to job seekers and employers via the
				  Internet.
2. "Applicant" means a person who has applied to the
				  Department for worker services and who is a United States citizen or a
				  non-citizen who is legally authorized to work in the United States.
3. "Apprentice" means a worker who is at least age 16 if a
				  higher minimum age standard is otherwise fixed by law, who is employed to learn
				  a skilled trade under standards of apprenticeship that meet the requirements of
				  29 CFR
				  29.5 (Office of the Federal Register,
				  National Archives and Records Administration, July 1, 1998), which is
				  incorporated by reference in this rule. This incorporation by reference does
				  not include any later amendments or editions. Copies of the incorporated
				  material are available for inspection at the Department's Authority Library,
				  1789 West Jefferson, Phoenix, Arizona, and in the Office of the Secretary of
				  State, Public Service Department, 1700 West Washington, Phoenix,
				  Arizona.
4. "Apprenticeship agreement" means a written agreement
				  between an apprentice and an employer or a committee acting on behalf of the
				  employer, containing the terms and conditions for employment of the
				  apprentice.
5. "Apprenticeship program" means a plan containing all terms
				  and conditions for the qualification, recruitment, selection, employment, and
				  training of apprentices.
6. "Apprenticeship program registration" means the acceptance
				  and centralized recording of an apprenticeship program by the ESA that meets
				  the basic standards and requirements established for apprenticeship programs
				  under federal law.
7. "Apprenticeship program sponsor" means a person,
				  association, committee, or organization operating an apprenticeship program and
				  in whose name the program is registered and approved.
8. "BFOQ" or "bona fide occupational qualification" means a
				  finding by an employer that age, sex, national origin, or religion is a
				  characteristic necessary to an individual's ability to perform the job.
9. "Department" means the Arizona Department of Economic
				  Security.
10. "DOT" or "Dictionary of Occupational Titles" means the
				  reference work published by the United States Employment Service, which
				  contains brief, non-technical definitions of job titles, distinguishing numeric
				  codes, and worker trait data.
11. "Disabled veteran" means:
a. A veteran who is entitled to compensation under laws
				  administered by the United States Secretary of Veterans Affairs, or
b. A person who is discharged or released from active
				  military duty because of a service-connected disability.
12. "Employer job referral services" means Department
				  activities that help an employer obtain workers with the occupational
				  qualifications needed by the employer.
13. "Employment counseling" means formulation of a vocational
				  plan that is consistent with a person's vocational skills and interests, and
				  advice on appropriate measures for implementation of that plan.
14. "Employment test" means a standardized method or device
				  for measuring a person's possession of, interest in, or ability to acquire job
				  skills and knowledge.
15. "ESA" or "Employment Security Administration" means the
				  administrative unit within the Department's Division of Employment and
				  Rehabilitation Services with responsibility for all worker and employer
				  services.
16. "Essential functions of a job" means the fundamental job
				  duties of a particular employment position.
17. "Geographic labor clearance" means Department efforts to
				  facilitate labor mobility by encouraging and guiding migration of workers
				  between geographical areas.
18. "Industrial analysis services" means Department
				  activities to assist employers and labor organizations in determining the cause
				  of worker resource problems in a particular business, and provision of
				  information developed by the USES for resolving such problems.
19. "Job bank" means a computerized list of all currently
				  available jobs and employment opportunities listed with the Department.
20. "Job development" means the process by which the
				  Department obtains a job or interview with an employer for a specific applicant
				  for whom the local ESA office has no suitable job opening on file.
21. "Job order" means a request by an employer for the
				  referral of job seekers made available to job seekers via the Department's Job
				  Bank.
22. "JTPA" means the federal Job Training Partnership Act
				  found at 29 U.S.C. 1501 et seq.
23. "Labor market area" means a geographic area consisting of
				  a central city, or group of cities, and the surrounding territory within a
				  reasonable commuting distance.
24. "Major life activities" means functions such as caring
				  for oneself, performing manual tasks, walking, seeing, hearing, speaking,
				  breathing, learning, and working.
25. "Occupational labor clearance" means Department efforts
				  to facilitate labor mobility by encouraging and guiding migration of workers
				  between occupations and industry types.
26. "Older worker" means a person age 40 or older who is
				  working or who is unemployed and wishes to work.
27. "Person with a disability" or "disabled worker" means a
				  person who:
a. Has a physical or mental impairment that substantially
				  limits 1 or more of that person's major life activities;
b. Has a record of such an impairment; or
c. Is regarded as having such an impairment.
28. "Physical or mental impairment" means:
a. Any physiological disorder, or condition, cosmetic
				  disfigurement, or anatomical loss affecting 1 or more of the following body
				  systems: neurological, musculoskeletal, special sense organs, respiratory
				  (including speech organs), cardiovascular, reproductive, digestive,
				  genito-urinary, hemic and lymphatic, skin, and endocrine; or
b. Any mental or psychological disorder such as mental
				  retardation, organic brain syndrome, emotional or mental illness, and specific
				  learning disabilities.
29. "Placement" means that a public or private employer has
				  hired an applicant that the Department referred to the employer for a job or
				  interview.
30. "Qualified worker" means a worker who possesses the
				  skills, knowledge, and abilities to perform the essential functions of a
				  job.
31. "Reasonable accommodation" means a modification of, or an
				  adjustment to a process, position, or term of employment, that will permit a
				  disabled worker to enjoy the same benefits and privileges of employment as
				  those enjoyed by persons without disabilities.
32. "Substandard work order" means a work order:
a. Containing employment terms that violate
				  employment-related laws, or
b. Offering work at wages or conditions that are
				  substantially inferior to those generally prevailing in the labor market area
				  for the same or similar work.
33. "Substantially limits" when used in reference to a
				  disability, means:
a. Unable to perform a major life activity that the average
				  person in the general population can perform; or
b. Significantly restricted as to the condition, manner, or
				  duration under which an individual can perform a particular major life activity
				  as compared to the condition, manner, or duration under which the average
				  person in the general population can perform that same major life
				  activity.
34. "Targeted jobs tax credit" means an income tax credit
				  available to businesses that hire persons whom ESA has certified as meeting
				  certain criteria described in
				  26 U.S.C. 51
				  (Office of the Federal Register, National Archives and Records Administration,
				  August 10, 1993), which is incorporated by reference in this rule. This
				  incorporation by reference does not include any later amendments or editions.
				  Copies of the incorporated material are available for inspection at the
				  Department's Authority Library, 1789 West Jefferson, Phoenix, Arizona, and in
				  the Office of the Secretary of State, Public Service Department, 1700 West
				  Washington, Phoenix, Arizona.
35. "USES" means the United States Employment Service, which
				  is the unit in the United States Department of Labor's Employment and Training
				  Administration designed to promote a national system of public job service
				  offices.
36. "Veteran" means a person who served in the active
				  military service, and who was discharged or released from service under
				  conditions other than dishonorable.
37. "Vocational plan" means a plan developed jointly by an
				  ESA counselor or counselor-trainee and an applicant that describes:
a. The applicant's short-range and long-range occupational
				  goals, and
b. The actions to be taken to implement the plan.
38. "Worker" means a U.S. citizen or a non-citizen who is
				  legally authorized to work in the United States and who is employed or who is
				  unemployed and wishes to work.
39. "Worker services" means the functions the Department
				  performs for the benefit of applicants and workers, including employment
				  counseling, employment testing, preparation of a vocational plan, and referral
				  for employment opportunity.
40. "Worker job referral services" means Department
				  activities to help a worker promptly obtain a job for which the worker is
				  occupationally qualified.
41. "Youth worker" means a worker younger than age
				  22.