reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53450 - Time - Hours (refusal of Work 450 - 450.15)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Prevailing standard, comparison with
				(Refusal of Work 450.155). Section
				23-776(C)
				 of the Employment Security Law provides in
				part:
". . . Notwithstanding any other provisions of this chapter,
				  no work shall be deemed suitable and benefits shall not be denied under this
				  chapter to an otherwise eligible individual for refusing to accept new work
				  under any of the following conditions: ". . . 2. If the ... hours of the work
				  offered are substantially less favorable to the individual than those
				  prevailing for similar work in the locality; . . ."
1. In order to conform with this provision of
				the Law consideration must be given to prevailing hours in every refusal of
				work issue. The term "hours" pertains to the number of hours required. The term
				"substantially less favorable" means less favorable in an economic sense. Thus,
				prospective employment is not unsuitable merely because it requires work, at
				hours that are unusual, inconvenient or socially less desirable. The latter
				factors should however, be considered to determine whether there is good cause
				for refusal.
2. The relation
				between the standard or maximum work week permissible under Arizona or federal
				laws should be considered. If the regular hours required are in excess of these
				standards the work is unsuitable. The prevailing work week for similar work in
				the locality may however, be less than the legal maximum.
3. All available evidence should be
				considered in determining the prevailing hours for similar work. The experience
				of the Job Service, data from state and federal agencies, experience of unions,
				and evidence from workers and employers will all be of value. The number of
				hours worked by the largest number of workers in similar work should be used in
				arriving at the prevailing hours of work per day or week.
4. Comparison of hours worked in one job with
				hours in similar jobs should be based on only the normal work day. If overtime
				is usual and customary for the majority of workers performing similar work in
				the locality so that the final earnings are materially affected, the amount of
				overtime probably required of an offered job will need to be compared with that
				prevailing for other jobs. If it can be established at the time of the offer
				that the hours of work will be substantially less than those worked in similar
				jobs so that the earnings will be substantially reduced, the work would be
				substantially less favorable to the claimant.
5. The key words and phrases used in this
				rule are defined in R6-3-53350(B) of these rules.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53475 - Union Relations (refusal of Work 475)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Refusal of Work 475.05). A
				claimant may not be denied benefit for refusing a referral to, or an offer of
				new work if as a condition of being employed he would be required to join a
				company union or to resign from or refrain from joining any bona fide labor
				organization.
B. Nonunion shop or
				supervisor (Refusal of Work 475.55)
1. A.R.S.
				§
										23-776(B)
				 of the Employment Security Law provides in
				part: ". . In determining whether or not work is suitable for an individual,
				the department shall consider ... his ... prior training, his experience and
				prior earnings, his length of unemployment and prospects for securing local
				work in his customary occupation . . ."
2. The fact that a union has a rule against a
				member working for a nonunion employer or on the same job with nonunion workers
				does not of itself make the offered work unsuitable, or provide good cause for
				refusal.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53480 - Vacant Due to Labor Dispute (refusal of Work 480)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Benefits cannot be denied an otherwise
				eligible claimant for refusing to accept new work if the position offered is
				vacant due directly to a strike, lock out, or other labor dispute.
B. A labor dispute is defined in
				R6-3-56125(A) of these rules. The vacancy may be defined as any unfilled
				position which is open because it was held by a worker who is participating in
				the dispute or by a worker whose work is so integrated with that of the workers
				participating in the dispute that he cannot continue his work as long as the
				participants in the dispute are not working. Other vacancies may be created
				when workers are not permitted to work by those participating in the dispute or
				when there is a reorganization of jobs or creation of new jobs in the
				establishment involved in the dispute.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53500 - Wages (refusal of Work 500)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Prior earnings, comparison with (Refusal
				of Work 500.35)
1. Whether a claimant has
				good cause for refusing an offer of work in his customary occupation based
				solely on the grounds that the wages offered are less than those earned
				previously depends on:
a. Prospect of
				securing the wages he specifies.
b.
				Length of unemployment.
c.
				Condition of the labor market in his locality at that time.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53510 - Work, Nature of (refusal of Work 510)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Customary (Refusal of Work 510.1)
1. Occupation refers to the type of work a
				claimant was performing and not the industry in which he worked.
2. Customary occupation may be defined as
				follows:
a. The occupation in which an
				individual has developed his highest skill either through experience, training,
				or education; or
b. The occupation
				in which he has developed a skill through progressive steps of advancement,
				even though he has worked in such occupation for a relatively short period of
				time; or
c. The occupation in which
				he was engaged the longest period of time, when his work history indicates
				experience in a number of occupations involving related skills; or
d. The only occupation in which the claimant
				has engaged.
3. If
				during the adjustment period (Refer to
				R6-3-53295
				) a claimant has a good prospect of obtaining work in his customary occupation,
				he would have good cause for refusing other work. Conversely, if it is apparent
				there is little opportunity of obtaining work in his customary occupation he
				would not have good cause for refusing suitable work outside his customary
				occupation.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53515 - Working Conditions (refusal of Work 515)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Refusal of Work 515.05)
1. A worker may reasonably expect working
				conditions which do not involve undue risk to his health, safety or morals.
				Although these factors are separate and distinct, a number of considerations
				apply to all three.
2. Protective
				standards required by law and governmental regulations must be considered. Work
				which violates any of these standards is unsuitable.
3. Account should be taken of whether the
				conditions to which the claimant objects are found commonly in similar work in
				the community, and whether the claimant is and has been accustomed to such
				conditions of work.
4. Some risks
				such as those to morals, may be connected indirectly with the work
				itself.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 54 - BENEFIT CLAIMS, COMPUTATION, EXTENSION, AND OVERPAYMENT › Section R6-3-5460 - Benefit Computation Factors (miscellaneous 60)

Current through Register Vol. 30, No. 28, July 12, 2024
Disqualification period (Miscellaneous 60.2)
1. Disqualification begins with the first day
				of the calendar week during which the claimant left work voluntarily without
				good cause in connection with the employment or was discharged for
				misconduct.
2. The date the
				claimant quit work is the day he severed his employment. The date of discharge
				is the day the employer terminated his employment.
3. When an employee's separation occurs when
				he is absent from work, his date of termination is:
a. The date one party notifies the other that
				there will be no return to work.
b.
				The first working day following the expiration date of the leave of absence if
				the employee fails to return at the end of a leave of absence.
c. The date the employer took action to
				remove the employee's name from the payroll records unless the employee was
				earlier notified by the employer that his employment was terminated.
d. The first working day following the
				expiration of the leave, if no work is available when the employee returns from
				the leave.
e. The date on which the
				employee reapplies to the employer for work if it is prior to the end of a
				specific leave of absence period and no work is available.
f. The date on which the employee files a
				claim for unemployment insurance if on a leave of absence and the employee has
				not contacted the employee to see if work is available.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 54 - BENEFIT CLAIMS, COMPUTATION, EXTENSION, AND OVERPAYMENT › Section R6-3-5475 - Claims and Registration

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions. In this Article:
1. "Department" means the Arizona Department
				of Economic Security and any other entity that has an agreement with the
				Department to provide unemployment insurance and reemployment
				services.
2. "Itinerant service"
				means unemployment insurance claims service on a regularly scheduled but less
				than full-time basis to a locality not within a reasonable commuting distance
				of an established, full-time claims office.
3. "Personal Identification Number" means a
				four-digit number selected and entered by the claimant into the unemployment
				insurance telephone claims filing system.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 54 - BENEFIT CLAIMS, COMPUTATION, EXTENSION, AND OVERPAYMENT › Section R6-3-5495 - Disqualification; Definition of Last Employment

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall determine whether to
				disqualify a claimant as prescribed in A.R.S. §
									23-775(1) and
				(2) based on the reason for separation from
				the claimant's last employment when the claimant:
1. Initiates a benefit year;
2. After a period of intervening employment
				during the benefit year, files a request to reopen the claim; or
3. During a continuous period of filing, is
				employed and later separates from the employment.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 54 - BENEFIT CLAIMS, COMPUTATION, EXTENSION, AND OVERPAYMENT › Section R6-3-54100 - Extended Benefits

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Work search requirements. Terms used in A.R.S. §
									23-634.01
				are explained as follows:
1. "Tangible
				evidence" is a written record of the work-seeking activities of the week,
				including the employer name and address, the date and method of contact, the
				individual contacted, the type of work sought, and the outcome of the
				contact.
2. "A systematic and
				sustained effort" means the development and employment of a method or plan for
				seeking work, which is maintained each week. It must represent the course of
				action a reasonable and prudent person would employ.
a. For each week of extended benefits
				claimed, efforts to find employment must be made on more than one day of the
				week.
b. Registration with Job
				Service and/or membership in and registration with a union that serves as a
				hiring agent do not, by themselves, constitute a systematic and sustained
				effort to find work. This applies even if the union serves as the hiring agent
				for most prospective employers in the area. The claimant must, on his own
				initiative, make an active and independent effort to seek work. The work need
				not be in claimant's usual occupation, but must be work for which the claimant
				is qualified by experience or training.
c. With the exception of jury duty as
				described in (2)(d) below, an extended benefits claimant cannot establish good
				cause for failure to maintain a systematic and sustained search for work. The
				statutory disqualification applies if a claimant does not seek work due to
				illness, death in family, personal circumstances, or any other reason and
				claims extended benefits for the week(s). However, an extended benefit claimant
				may be found eligible under the one work day removal from the active labor
				force provisions of
				R6-3-5205(A)(6),
				(7), and (8) if the overall pattern for the
				week meets the requirements of a systematic and sustained effort to find
				work.
d. A claimant shall be
				excepted from the requirement of conducting a systematic and sustained work
				search if prevented from doing so on the basis of his being selected as a
				member of a jury panel or as a juror in a specific trial.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 54 - BENEFIT CLAIMS, COMPUTATION, EXTENSION, AND OVERPAYMENT › Section R6-3-54340 - Overpayments (miscellaneous 340)

Current through Register Vol. 30, No. 28, July 12, 2024
Administrative penalty -- fraud or misrepresentation
				  (Miscellaneous 340.05)
1. Section
				23-778
				of the Employment Security Law of Arizona provides:
"Any person who, within the 24 calendar months immediately
				  preceding a week in which he files a valid claim for benefits, has made a false
				  statement or representation of a material fact, knowing it to be false, or
				  knowingly failed to disclose a material fact with intent to obtain benefits
				  under this chapter, shall be disqualified for the week for which the claim was
				  filed and for not more than 51 weeks immediately following such week as
				  determined by the Commission according to the circumstances in each
				  case."
2. A claimant shall
				be disqualified under A.R.S. §
									23-778,
				for the periods shown in paragraph (3) below, if he willfully and knowingly
				with intent to obtain benefits makes a false statement or representation or
				conceals a fact, and the true fact concealed by the false statement or
				nondisclosure is material
3.
				Periods of disqualification are applicable as follows:
a. Four weeks disqualification for each week
				of unreported earnings, up to a maximum of 52 weeks.
b. Ten weeks disqualification for false
				statements on separation, eligibility, refusal of work and other
				issues.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 55 - TOTAL AND PARTIAL UNEMPLOYMENT BENEFIT POLICY › Section R6-3-55415 - Self-employment or Other Work (total and Partial Unemployment 415)

Current through Register Vol. 30, No. 28, July 12, 2024
Salesman, commission (T.P.U. 415.3)
1. The primary issue created when a claimant
				accepts sales work on a straight commission basis is that of his employment
				status. It must be determined whether or not he is considered unemployed and
				potentially eligible for benefits. The eligibility of a commission salesman
				must be determined from the standpoint of the particular job as well as the
				intent of the claimant in engaging in selling activities.
2. If a claimant's training, experience, or
				work history qualify him as a salesman, he may be considered employed and
				ineligible for benefits if he engages in selling activities. Each such case
				must be judged on the basis of the facts.
3. A claimant who has lost his customary work
				and engages in commission sales work, only as a stop-gap measure until work
				more suited to his training and experience becomes available, is not ineligible
				solely on the basis of engaging in commission selling.
4. A claimant performing services as a
				commission sales man, who receives commission payments in an amount less than
				his weekly benefit amount, may be considered unemployed if:
a. The number of hours spent on the job is
				restricted to less than full time by his employer; or
b. It is neither customary nor practical in
				the community to devote full time to the selling activities; or
c. Regardless of the number of hours devoted
				to the activity, the selling is stop-gap, odd job work outside the customary
				occupation for which he is qualified and his acceptance of the work will not
				preclude his obtaining employment more suitable to his experience and
				training.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 55 - TOTAL AND PARTIAL UNEMPLOYMENT BENEFIT POLICY › Section R6-3-55460 - Type of Compensation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Separation Pay
1. A separation payment includes wages in
				lieu of noticeand severance payments made under an employment contract or
				policy of the employer under A.R.S. §
										23-621.
2. A payment may be made:
a. As a lump sum at the time of termination
				of services; or
b. The employer may
				continue to include the worker on the employer's payroll for one or more pay
				periods following the termination of the worker's services.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 56 - LABOR DISPUTE BENEFIT POLICY › Section R6-3-5601 - Definitions and Explanation of Terms

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions and explanation of terms apply to
				  A.R.S. §
									23-777
				  and Article 56 of this Chapter:
1.
				"Class" means a number of grades of workers, joined together for a common
				purpose.
2. "Directly interested
				in," when used in reference to a labor dispute, means that an employee is a
				member of a bargaining unit in which the terms or conditions of the employee's
				work will be directly affected by the outcome of a dispute.
a. An employee may be directly interested in
				the labor dispute even though the employee is not a member of a striking
				union.
b. An employee may be
				directly interested in a dispute even though the employee offered to continue
				working, or voted against or otherwise opposed the labor dispute.
c. An employee is not directly interested in
				a dispute if the employee was not in the bargaining unit involved in the labor
				dispute but may benefit from the labor dispute because the employer's practice
				is to bring the employment status of all the employees into line with a
				settlement reached with any particular group of employees.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 56 - LABOR DISPUTE BENEFIT POLICY › Section R6-3-5602 - Labor Dispute Notice

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notice by Employer. An employer involved
				in a labor dispute, strike, or lockout shall, upon request by the Department,
				provide the following information:
1. The
				address of each location affected by the dispute, the date the dispute began,
				and whether strikers have formed a picket line at each location;
2. The name, address, and business agent of
				any labor organization involved in the dispute, and the date a contract or
				agreement with the organization expired;
3. The issues involved in the dispute and the
				grade or class of employees who:
a. Have left
				work because of the dispute;
b. Are
				not a part of the dispute but are unemployed as a result of the dispute;
				and
c. Are continuing to work;
				and
4. The name, social
				security number, and type of work performed by each employee who is unemployed
				due to the dispute.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 56 - LABOR DISPUTE BENEFIT POLICY › Section R6-3-5603 - Eligibility during a Labor Dispute

Current through Register Vol. 30, No. 28, July 12, 2024
A. When a worker's unemployment results from
				action taken in anticipation of the labor dispute but occurring before the
				dispute starts, the worker's unemployment is not due to the labor dispute. The
				start of a labor dispute does not change the reason for a worker's unemployment
				if the unemployment preceded the dispute.
B. When a labor dispute begins while a worker
				is on an approved absence from work, and the worker does not return to work at
				the end of the absence because of the labor dispute, the worker's unemployment
				is due to the labor dispute. An example of an approved absence is vacation,
				sick leave, or other similar reasons.
C. When a worker who is a member of a grade
				or class of workers participating in, financing, or directly interested in a
				labor dispute did not go out on strike with the other members, but subsequently
				became unemployed because the employer limits or stops work as the result of
				the strike, the worker is unemployed due to a labor dispute pursuant to A.R.S.
				§
									23-777.
D. When an employer can no longer provide
				work to a worker who is not participating in, financing, or directly interested
				in a labor dispute because of the absence of other workers who are on strike,
				the worker is unemployed due to a lack of work as a result of the labor
				dispute. The Department shall not charge the employer for any benefits paid to
				the worker while the worker's unemployment is a result of the labor
				dispute.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 56 - LABOR DISPUTE BENEFIT POLICY › Section R6-3-5604 - Termination of the Labor Dispute Disqualification

Current through Register Vol. 30, No. 28, July 12, 2024
A. Discharge During Dispute
1. When, during an ongoing labor dispute, the
				employer discharges a worker who is unemployed due to a labor dispute, the
				Department shall not end the labor dispute disqualification until the employer
				establishes that the employer took positive and affirmative action to sever the
				employer-employee relationship, or the worker establishes that the worker:
a. Has been permanently replaced,
b. Abandoned the strike or dispute,
				and
c. Unconditionally offered to
				return to work.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 1 - STATE AGENCY ADMINISTRATION › Section R6-4-104 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. "Act." P.L. 93-112, Rehabilitation Act of 1973, as
				  amended.
B. "Client." Any individual receiving any services from
				  Vocational Rehabilitation.
C. "Consultant." Unless stated otherwise, the consultant is
				  the individual hired by the agency for the purpose of providing
				  consultation.
D. "Counselor." Unless stated otherwise, the counselor is the
				  Vocational Rehabilitation counselor.
E. "Department." Unless stated otherwise, the Department is
				  the Department of Economic Security.
F. "Eligible client." Is any individual:
1. Who has a physical or mental disability which for such
				  individual constitutes or results in a substantial handicap to employment;
				  and
2. Who can reasonably be expected to benefit in terms of
				  employability from the provision of VR services or for whom an extended
				  evaluation of rehabilitation potential is necessary for the purpose of
				  determining whether he might reasonably be expected to benefit in terms of
				  employability from the provision of VR services; and
3. Who has been so certified by a Vocational Rehabilitation
				  counselor.
G. "Individualized Written Rehabilitation Program (IWRP)." An
				  IWRP is a written program of services developed jointly by the Vocational
				  Rehabilitation counselor and the client who has been determined eligible to
				  receive services. It is a comprehensive document including purposes, goals,
				  responsibilities, services criteria and understandings.
H. "Rehabilitation Services Bureau (RSB)." Is the
				  organizational unit within DES responsible for the operation of the general
				  Vocational Rehabilitation program, rehabilitation programs for the blind and
				  the Disability Certification program.
I. "State plan." The approved plan for VR services and for
				  innovative and expansion grant projects agreeing to administer such in
				  accordance with all applicable regulations, policies and procedures established
				  by the Secretary as a condition to receipt of federal funds under Title I of
				  the Rehabilitation Act of 1973, as amended.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 2 - PROVISION OF SERVICES TO INDIVIDUALS › Section R6-4-201 - General Considerations

Current through Register Vol. 30, No. 28, July 12, 2024
A. Scope of Vocational Rehabilitation
				services to individuals.
1. As appropriate,
				the following VR services, as described in 45 CFR 401.40(a) will be available
				to individuals:
a. Evaluation of
				rehabilitation potential;
b.
				Counseling, guidance and referral;
c. Physical and mental restoration
				services;
d. Vocational and other
				training services;
e.
				Maintenance;
f.
				Transportation;
g. Services to
				members of a handicapped individual's family necessary to the adjustment or
				rehabilitation of the handicapped individual;
h. Interpreter services for the
				deaf;
i. Reader services,
				rehabilitation teaching services, and orientation and mobility services for the
				blind;
j. Telecommunications,
				sensory and other technological aids and devices;
k. Placement in suitable
				employment;
l. Post-employment
				services necessary to assist handicapped individuals to maintain suitable
				employment;
m. Occupational
				licenses, tools, equipment and initial stocks (including livestock) and
				supplies; and
n. Other goods and
				services which can reasonably be expected to benefit a handicapped individual
				in terms of his employability.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 2 - PROVISION OF SERVICES TO INDIVIDUALS › Section R6-4-203 - Diagnostic Study

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Preliminary diagnostic study.
1. In order to
				determine whether any individual is eligible for vocational rehabilitation
				services, there shall be a preliminary diagnostic study sufficient to
				determine:
a. Whether the individual has a
				physical or mental disability which for such individual constitutes or results
				in a substantial handicap to employment, and
b. Whether VR services may reasonably be
				expected to benefit the individual in terms of employability or whether an
				extended evaluation of rehabilitation potential is necessary to make such a
				determination. It will place primary emphasis upon the determination of a
				vocational goal for the individual and his potential for achieving such a
				goal.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 2 - PROVISION OF SERVICES TO INDIVIDUALS › Section R6-4-204 - Extended Evaluation

Current through Register Vol. 30, No. 28, July 12, 2024
A. An
				extended evaluation is used for those individuals for whom the presence of a
				disability which constitutes a substantial handicap for employment has been
				documented but for whom the counselor is unable to make a determination that
				services might benefit the individual in terms of employability without an
				extended evaluation to determine rehabilitation potential.
B. The full range of VR services will be
				provided under an IWRP during extended evaluation but for no longer than 18
				months and in conformity with 45 CFR 401.36(b) and (c). The individual's
				progress will be thoroughly assessed as frequently as necessary but at least
				once every 90 days while services are provided. Periodic reports from those
				providing services will be considered in this assessment. The extended
				evaluation will be terminated in accordance with 45 CFR 401.36(e).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 2 - PROVISION OF SERVICES TO INDIVIDUALS › Section R6-4-205 - Individualized Written Rehabilitation Program

Current through Register Vol. 30, No. 28, July 12, 2024
A. An individualized written rehabilitation
				program will be initiated and continuously developed for each handicapped
				individual eligible for VR services and each handicapped individual being
				provided such services under an extended evaluation. All VR services will be
				provided in accordance with such a program. This program will be developed
				jointly by the VR counselor and the handicapped individual (or, as appropriate,
				his parent, guardian or other representative). It will emphasize primarily the
				determination and achievement of a vocational goal. A copy of the written
				program, and any amendments thereto, will be provided to the handicapped
				individual, or as appropriate, his parent, guardian, or other
				representative.
B. The program
				shall be initiated after certification of eligibility or certification for
				extended evaluation. The program will include at least the information
				described in 45 CFR 401.39(c), as appropriate. The program will be reviewed at
				least annually, at which time the individual (or, as appropriate, the parent,
				guardian or other representative) will be afforded opportunity to review the
				program and if necessary redevelop its terms jointly with the appropriate state
				agency staff member. When services are to be terminated on the basis of a
				determination that the individual cannot achieve a vocational goal, the
				conditions set forth in 45 CFR 401.39(e)(1) and (2) will be met. There will be
				at least an annual review of the ineligibility decision, in which the
				individual will be given opportunity for full consultation.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 2 - PROVISION OF SERVICES TO INDIVIDUALS › Section R6-4-206 - Provision of Vr Services

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Scope and general considerations.
1.
				Rehabilitation Services Bureau provides all those services included under scope
				of services outlined in
				R6-4-201(A)
				and for which federal government provides financial participation.
2. No VR services shall be provided to VR
				personnel or their families without prior review and approval of District VR
				Program Manager and the Chief of Rehabilitation Services Bureau. All such
				actions shall also be reviewed by Department of Economic Security
				administration.
3. Cases and case
				facts, including the Individualized Written Rehabilitation program, shall be
				subject to review by VR administrative and consultative personnel.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-302 - Participating Business Facilities

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Business Enterprise Program (BEP)
				shall conduct surveys of public or other properties upon written request of the
				owner or management or as determined necessary by the Department to determine
				merchandising opportunities for licensees. The survey shall include the
				following information:
1. Identification of
				location and nature of site and contact person.
2. Demographics of site to include building
				population, work hours, nature of work, salary range, and locally, other
				selling locations, existing merchandise and vending machines.
3. The proposed business recommended by BEP,
				including suggested merchandise, number of employees, anticipated volume, hours
				of operation and current purchasing patterns.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-303 - Referral for the Business Enterprise Program; Qualifications of Candidate

Current through Register Vol. 30, No. 28, July 12, 2024
A. A client of the
				Department's Vocational Rehabilitation Program who expresses interest in
				participating in the BEP program shall be referred to the BEP by a vocational
				rehabilitation counselor when it is determined that referral is appropriate
				following medical and vocational assessments, consultation with the client, and
				completion of an application packet.
B. As a part of referral each client shall
				complete an application on a form prescribed by the BEP which shall include the
				following:
1. Identifying information
				including name, address, telephone number and date of birth.
2. Medical information including visual
				acuity and diagnosis.
3. Education
				and work experience.
4. Mobility
				and communication functioning levels.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-304 - Screening for Acceptance into Initial Training

Current through Register Vol. 30, No. 28, July 12, 2024
A. The screening of a candidate shall be
				conducted by a committee which shall consist of:
1. Two voting BEP staff members.
2. Two voting BEP operators appointed by the
				chairman of the Arizona Participating Operators' Committee (APOC).
3. The BEP supervisor shall act as the
				chairman of the committee. He shall vote only in the event of a tie. The
				committee chairman shall consult with the chairman of APOC before casting his
				vote.
4. The referring vocational
				rehabilitation counselor, who shall have no vote.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-305 - Initial Training

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Once accepted into training, a candidate shall be trained for one or more of
				the three levels of business facility operations, beginning with level one. The
				course content, objectives and length of training shall be developed for each
				level by the BEP with the active participation of APOC. Only upon satisfactory
				completion of the level and granting of a certificate for that level shall the
				trainee be permitted to proceed to the next higher level.
B. At level one, training shall cover
				business facilities, such as snack bars, vending banks, and gift shops at which
				food is not prepared, and shall orient the trainee to basic business and
				merchandising principles, the parameters of the BEP program, and the applicable
				provisions of federal regulations and state law. On-the-job training shall also
				be provided in existing business facilities of this type.
C. At level two, training shall cover
				business facilities such as coffee shops at which limited food preparation
				occurs. On-the-job training shall be provided at appropriate, existing, level
				two facilities.
D. At level three,
				training shall cover cafeterias providing a variety of prepared foods and
				beverages. On-the-job training shall be provided at appropriate, existing,
				level three facilities.
E. With
				respect to completion of each level:
1. If a
				trainee misses five days or more of training without good cause whether
				consecutive or not, he shall be terminated. Good cause shall mean temporary
				illness of the trainee or family crisis.
2. If, during training or following
				completion of any level of training, it becomes apparent that the trainee lacks
				sufficient skills, knowledge, experience, health or other abilities, the BEP
				shall review the case, consult with the counselor, APOC, and the trainee, and
				either:
a. Revise the training plan as needed;
				or
b. Terminate the training and
				return the trainee to VR for further services as appropriate.
3. A trainee who satisfactorily
				completes a level of training shall be certified by the BEP. The term of the
				certificate shall be indefinite except as addressed in subsection
				(G).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-306 - Remedial Training

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				When the BEP determines that remedial training is required to correct
				identified problems or deficiencies to assist a BEP operator, it shall develop
				a specialized program with the active participation of APOC to address those
				concerns. The BEP operator may be placed on performance probation pursuant to
				R6-4-315 pending satisfactory completion of the remedial training.
B. Any BEP operator who has surrendered his
				license for a period exceeding 12 months and wishes to return to the BEP shall
				be evaluated by the BEP, in consultation with APOC, to determine the level for
				which he shall be certified or any remedial training needed.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-307 - Upward Mobility Training

Current through Register Vol. 30, No. 28, July 12, 2024
A. At least once a year the BEP shall offer
				special training programs to BEP operators which shall be developed with the
				active participation of APOC and shall include education in new program
				developments or business and merchandising techniques and additional training
				to improve work performance.
B. BEP
				shall offer training to operators for promotion opportunities pursuant to
				R6-4-305(A).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-308 - Qualifications for Placement in a Business Facility

Current through Register Vol. 30, No. 28, July 12, 2024
A. When a business facility becomes available
				the BEP shall:
1. Notify each BEP operator
				and certified trainee in writing of the opportunity to request placement in a
				location by filing an application. The notice shall be mailed at least 15
				calendar days prior to the announced closure of the filing period;
2. Accept any timely filed written
				application which contains a statement of interest in placement in the
				facility.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-309 - Selection for Placement in a Business Facility

Current through Register Vol. 30, No. 28, July 12, 2024
A. Those BEP operators and certified trainees
				who qualify shall be considered for placement in a facility by a selection
				committee which shall consist of:
1. Two
				voting BEP staff members.
2. Two
				voting BEP operators appointed by the chairman of the Arizona Participating
				Operators' Committee (APOC).
3. The
				BEP supervisor shall act as the chairman of the committee. He shall vote only
				in the event of a tie. The committee chairman shall consult with the chairman
				of APOC before casting his vote.
4.
				The grantor, who may attend the meeting but shall not vote.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-310 - Refusal of Placement in a Facility

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any BEP operator, certified trainee or
				displaced operator who applies and is selected for placement in a business
				facility and then refuses the placement without good cause shall not be
				considered for any new placement for 90 calendar days.
B. For purposes of this Section good cause
				shall include temporary illness of the individual, family crisis, or a facility
				location that is inaccessible by public transportation.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-311 - Licensure

Current through Register Vol. 30, No. 28, July 12, 2024
A. A BEP business
				facility shall be operated only by a licensed BEP operator with the exception
				of a temporary operator pursuant to
				R6-4-313.
B. Once a person is selected for placement in
				a business facility, a license shall be issued to that person by the Department
				which shall remain in effect unless revoked or surrendered by the BEP operator.
				The license shall specify the name of the BEP operator, the level of the
				business facility for which the license is issued, issuance date, the signature
				of the authorized Department representative and contain a warning that the
				license shall not be transferred.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-312 - Operator's Agreement

Current through Register Vol. 30, No. 28, July 12, 2024
A standard operator's agreement shall be developed by the BEP
				  in active participation with APOC. A new standard operator's agreement shall
				  not be adopted before APOC has an opportunity to present the proposed agreement
				  to the operators for input at an all operators meeting, following which
				  additional discussions between BEP and APOC shall be conducted if needed. A BEP
				  facility shall be operated only by a person who has executed an agreement for
				  operation of a business facility with the Department.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-313 - Temporary Operator

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				temporary Business Enterprise Program operator shall be recruited for placement
				in a business facility by the BEP, after consultation with the chairman of
				APOC, for a six-month period:
1. When a
				facility is abandoned; or
2. In the
				event no qualified legally blind person applies for assignment to a business
				facility; or
3. In an
				emergency.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-314 - Initial Probation

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				BEP operator who is placed in his first business facility or in a higher level
				business facility shall be placed on initial probation for six months to assure
				compliance with the operator's agreement, the provisions of this Article, and
				applicable law.
B. During the
				probationary period, the BEP shall conduct unannounced onsite inspections at
				least twice monthly. Upon the inspector's arrival, the operator shall be
				notified.
C. At the conclusion of
				each site inspection, a facility inspection report shall be completed which
				identifies the conditions found, any deficiencies requiring corrective action,
				and which contains a statement of the required standard and any recommendation
				to bring the operator into compliance. The inspection report shall be read to
				the operator who, after signing the report, shall receive a copy.
D. At the end of the six-month period, the
				BEP, following consultation with APOC, shall notify the operator in writing of
				either satisfactory completion of probation, of placement on performance
				probation or termination of the operator's agreement.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-315 - Performance Probation

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				When the operation of a business facility is adversely affected by the
				deteriorated performance of the BEP operator, the operator shall be placed on
				performance probation by the BEP, following prior notification to the APOC
				chairman, for no longer than six months.
B. Deficiencies shall be identified as
				follows:
1. By a substantiated, written and
				signed complaint from any member of the public which has been filed with the
				Department; or
2. By the BEP during
				onsite inspections.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-316 - Continuing Inspections of Business Facilities

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall conduct inspections for the health,
				  safety and welfare of the public, with or without notice, throughout the
				  existence of an operator's agreement, and shall take any appropriate action to
				  assure the operator's compliance with the operator's agreement, this Article,
				  and applicable law.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-317 - Exchange of Business Facilities Prohibited

Current through Register Vol. 30, No. 28, July 12, 2024
There shall be no exchange of business facilities between BEP
				  operators. Any placement in a facility shall be made pursuant to this
				  Article.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 4 - DEPARTMENT OF ECONOMIC SECURITY - REHABILITATION SERVICES › Article 3 - BUSINESS ENTERPRISE PROGRAM › Section R6-4-318 - Termination of Operator's Agreement

Current through Register Vol. 30, No. 28, July 12, 2024
A. An agreement for operation of a business
				facility shall be terminated:
1. Under the
				terms of the agreement,
2. By
				failure to meet conditions of initial or performance probation,
3. Upon revocation or surrender of a
				license,
4. Upon termination of the
				grantor agreement,
5. When the BEP
				operator abandons the facility.