Iowa Administrative Code › Agency 877 - Workforce Development Board and Workforce Development Center Administration Division › Chapter 1 - Workforce Development Board › Rule 877-1.5 - Coordination With the Department of Corrections on Private Sector Employment Projects

Current through Register Vol. 47, No. 3, July 24, 2024
To assist the department of corrections with programs that
				employ offenders in the private sector, the department of workforce development
				shall be responsible for coordinating the following process:
(1) Prior to an employer's submitting an
			 application to the department of corrections for a private sector employment
			 project, the employer shall place with the nearest workforce development center
			 a job order with a duration of at least 30 days. The job order shall be listed
			 statewide in all centers and on the department of workforce development's jobs
			 Internet site.
(2) The department
			 of corrections shall send a letter requesting verification of the employer's
			 30-day job listing, the average wage rate for the job(s) the offenders will
			 perform, the current unemployment rate in the county where the employer is
			 located, and the current employment level of the company that will employ the
			 offenders. The letter should be sent to Division Administrator, Division of
			 Policy and Information, Iowa Workforce Development, 1000 East Grand Avenue, Des
			 Moines, Iowa 50319.
(3) The
			 department of workforce development shall verify in writing the job listing,
			 including the number of qualified applicant referrals and hires made as a
			 result of the job order, the average entry-level wage rate for the proposed
			 job(s), the entry-level wage range, the current unemployment rate for the
			 county where the employer is located, and the current employment levels of the
			 company that will employ the offenders based upon the most recent quarter for
			 which data is available. The average wage rate and wage range will be based on
			 the appropriate geographic area for which occupational wage information is
			 available. The appropriate geographic area may be statewide.
(4) Average entry-level wage rates and
			 entry-level wage ranges for jobs currently held by offenders and employment
			 levels of companies employing offenders shall be updated by the department of
			 workforce development every six months upon the department of corrections'
			 sending a letter listing all current companies employing offenders and the
			 offenders' job classifications to Division Administrator, Division of Policy
			 and Information, Iowa Workforce Development, 1000 East Grand Avenue, Des
			 Moines, Iowa 50319.
(5) The
			 department of workforce development shall provide a periodic report to the
			 state workforce development board regarding information supplied to the
			 department of corrections for private sector employment projects. Frequency of
			 the report will depend upon the level of activity.
(6) Inquiries concerning private sector
			 employment projects shall be in writing and address the following questions:
a. Whether and how the project is believed to
			 violate the intent of Iowa Code section
			 904.809;
b. Evidence of a local surplus of labor in
			 the job classifications of the type in which offenders are employed;
			 and
c. Whether private sector
			 employees or employees involved in a labor dispute have been displaced as a
			 result of the project.
Inquiries shall be sent to Division Administrator, Division of
				Policy and Information, Iowa Workforce Development, 1000 East Grand Avenue, Des
				Moines, Iowa 50319. A copy of the inquiry shall be sent to the department of
				corrections. The director of the department shall consult with the director of
				prison industries and the affected regional advisory board concerning the
				inquiry prior to the workforce development board's making a final
				recommendation regarding possible corrective action.
The administrative rules committee of the state workforce
				development board shall review the inquiry and any additional responses or oral
				testimony requested by the committee and make a recommendation to the full
				board as to whether the intent of Iowa Code section 904.809 has or has not been
				met and whether corrective action, if any, needs to be taken by the department
				of corrections to meet the intent. At the discretion of the administrative
				rules committee, oral presentations may be requested from the party(ies) to the
				inquiry. The full board shall make a final recommendation within 60 days of
				receipt of the inquiry. The board's final recommendation shall be mailed to
				both the department of corrections and the party(ies) making the
				inquiry.