WSR 02-08-058

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 1, 2002, 3:44 p.m. ]

Supplemental Notice to WSR 01-09-022 [01-19-022].

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-310-1300 Community jobs program.

Purpose: The Division of Employment and Assistance Programs is expanding the placement opportunities for WorkFirst participants in the community jobs program and simplifying the language. We are extending the public opinion period to continue working with our stakeholders in order to produce the best rules possible and continue to make community jobs the number one program in the nation.

Other Identifying Information: The proposed rules shown below have been revised since the October 23, 2001, hearing. Originally filed as WSR 01-19-022, the department is extending the public comment period in order to continue to work with stakeholders.

Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, 74.08A.330, and 74.08A.320.

Statute Being Implemented: RCW 74.08.090 and 74.04.050.

Summary: The change will allow the use of private-for-profit businesses for placement of WorkFirst participants in the community jobs program. The language is made simpler to be more understandable.

Reasons Supporting Proposal: In some areas of the state, there is a shortage of suitable job sites for placement. This will increase the availability of suitable job sites.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ian Horlor, 1009 College Street, Lacey, WA 98503, (360) 413-3247.

Name of Proponent: Department of Social and Health Services, Economic Services Administration, Division of Employment and Assistance Programs, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule will allow placement options for WorkFirst community jobs program participants in private businesses as well as local, state, federal and tribal governments; nonprofit organizations; and educational institutions. By including private sector placement opportunities in the community jobs program, participants will have more exposure to the job market. Private sector placements will also add diversity to the workplace experience, allowing participants to gain job skills with established businesses in their local community. This is particularly important in rural areas that have limited industry and lack enough governmental and nonprofit worksites to support community job participants in obtaining job skill training and workplace experience.

Proposal Changes the Following Existing Rules: Adds language to allow the placement of WorkFirst participants in private-for-profit businesses.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These changes have no effect on small business.

RCW 34.05.328 does not apply to this rule adoption. These amendments are exempt under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on May 7, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by May 3, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., May 7, 2002.

Date of Intended Adoption: No earlier than May 8, 2002.

March 25, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2912.2
AMENDATORY SECTION(Amending WSR 99-08-051, filed 4/1/99, effective 5/2/99)

WAC 388-310-1300   Community jobs program.   (1) What is the community jobs program?

The community jobs program ((helps you gain work skills and experience by enrolling you in a temporary, subsidized job. You will also receive other services and support to help you move into unsubsidized employment as quickly as possible.

(a) The state department of community, trade and economic development (DCTED) administers the community jobs program.

(b) DCTED selects community jobs contractors (CJC) by using a competitive "requests for proposal" process. DCTED, based upon the successful proposals, develops contracts specific to each selected community jobs contractor.

(c) The CJCs develop and manage the community jobs positions, pay the wages, provide support services and act as the "employer of record" while you are enrolled in a subsidized community job.

(d) Employers at the community jobs work sites must take actions to help participants move into unsubsidized employment. If they do not meet this requirement, they will not be considered for additional community jobs employees.

(e) The department of social and health services funds the community jobs program and reimburses your wages to the CJCs.

(2) How will I be affected if I am enrolled in the community jobs program?

If you are enrolled in the community jobs program:

(a) Your case manager will assign you to a community job position for no more than nine months.

(b) You may be assigned to a community job position when:

(i) You have gone through job search without finding a job; and/or

(ii) You and your case manager decide you need a supportive work environment to help you become more employable.

(c) You may not be enrolled in any community jobs position that requires you to do work related to religious, electoral or partisan political activities.

(d) You, your case manager and the CJC will review the appropriateness of your community jobs position every ninety days during your nine-month placement, looking at:

(i) Your continued TANF/SFA eligibility;

(ii) Any earned or unearned income received by you or another member of your assistance unit (that is, you and other people in your household who are included on your cash grant): and

(iii) Whether the community jobs position is actually helping you become more employable.

(e) You may work twenty or more hours per week in the community jobs position and will be paid the federal or state minimum wage, whichever is higher.

(f) You will earn sick leave and annual leave at the rate agreed upon by DCTED and the CJC for community jobs participants.

(g) The amount of your TANF/SFA monthly grant will be determined by following the rules in WAC 388-450-0050 and 388-450-0215 (1), (3), (4), (5) and (6). WAC 388-450-0215 (2), does not apply to your community jobs wages.

(3) What kind of employers provide community jobs work sites?

The CJC may ask the following categories of employers to provide you with a community job work site:

(a) Federal, state or local governmental agencies and tribal governments; and

(b) Private and tribal nonprofit businesses, organizations and educational institutions)) is a paid work experience that helps you gain work skills and experience by placing you in a temporary job where your wages are paid by the community jobs program. You will also receive other services and support to help your move into a job where your employer pays all your wages.

(2) Who runs the community jobs program?

The state department of community, trade, and economic development (DCTED) runs the community jobs program. They contract with the community jobs contractors (CJC) who develop and manage the community jobs positions, pay the wages, provide support services and act as the "employer of record" while you are enrolled in a community job.

(3) What types of work sites are used to provide community jobs?

The following work sites may be used to provide community jobs:

(a) Federal, state or local governmental agencies and tribal governments;

(b) Private and tribal nonprofit businesses, organizations and educational institutions;

(c) Private for profit businesses.

(4) What are the requirements for the work sites?

Work sites:

(a) Must help you move into a job where the employer pays all your wages. If they do not meet this requirement, they will not be considered for additional community jobs employees.

(b) Cannot require you to do work related to religious, electoral or partisan political activities.

(5) What are the benefits of community jobs?

You benefit from community jobs by:

(a) Learning work skills;

(b) Getting work experience;

(c) Working twenty or more hours per week, while being paid federal or state minimum wage, whichever is higher; and

(d) Earning sick leave and personal leave at the rate agreed upon by DCTED and the CJC.

(6) How do I get into community jobs?

You will be placed into community jobs after you and your case manager decide:

(a) You would benefit from CJ after you finished job search without finding a job; and/or

(b) You need a supportive work environment to help you become more employable.

(7) What happens after I am placed in the community jobs program?

When you are placed in the community jobs program:

(a) You will be assigned to a community job position for no more than nine months;

(b) Your placement in community jobs will be reviewed every ninety days during your nine-month placement for the following:

(i) Your continuing TANF/SFA eligibility;

(ii) Any earned or unearned income received by you or another member of your assistance unit (that is, you and other people in your household who are included on your cash grant); and

(iii) Whether the community jobs position is actually helping you become more employable.

(8) How does community jobs affect my TANF benefits?

The amount of your TANF/SFA monthly grant will be determined by following the rules in WAC 388-450-0050 and 388-450-0215 (1), (3), (4), (5) and (6). WAC 388-450-0215(2), does not apply to your community jobs wages.

[Statutory Authority: RCW 74.08.090 and 74.04.050. 99-08-051, 388-310-1300, filed 4/1/99, effective 5/2/99. Statutory Authority: RCW 74.08.090, 74.04.050 and 74.08A.320. 98-10-054, 388-310-1300, filed 4/30/98, effective 5/31/98.]

Washington State Code Reviser's Office