WSR 99-02-038
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed December 31, 1998, 10:36 a.m., effective January 1, 1999]
Date of Adoption: December 31, 1998.
Purpose: Amend WAC 388-310-1300, describing the rules for the community jobs program, to simplify the program design and allow community jobs participants to receive the increased state minimum wage.
Citation of Existing Rules Affected by this Order: Amending WAC 388-310-1300.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.050, and 74.08A.320.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Washington voters approved increases in the minimum wage on January 1, 1999, January 2000 and thereafter according to inflation. This WAC will allow the department to set participants' salaries at the new minimum wage - increasing their income by about $50 per month. Additional program changes will allow more WorkFirst participants to benefit from the community jobs program.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.
Effective Date of Rule: January 1, 1999.
December 31, 1998
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
OTS-2753.1
AMENDATORY SECTION (Amending WSR 98-10-054, filed 4/30/98, effective 5/31/98)
WAC 388-310-1300 Community jobs ((wage subsidy)) program.
(1) What is the community jobs program? The community jobs
((wage subsidy)) program ((is to allow)) helps WorkFirst
participants ((to)) who receive TANF or SFA grants gain work
skills and experience by enrolling them in a temporary ((position
which)), subsidized job. Participants will also receive other
services and support to help((s)) them move into unsubsidized
employment as quickly as possible. ((In all instances, the term
'department' refers to the department of social and health
services (DSHS). The state department of community, trade and
economic development (DCTED) administers the community jobs
program. DCTED selects community jobs contractors (CJC) by using
a competitive "requests for proposal" (RFP) process. DCTED,
based upon the successful proposals, develops contracts specific
to each selected community jobs contractor.
(1))) (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" (RFP) process. DCTED, based upon the successful proposals, develops contracts specific to each selected community jobs contractor.
(c) The CJCs develop and manage the CJ positions, pay the wages, provide support services and act as the "employer of record" while the participant is enrolled in a subsidized community job.
(d) The department of social and health services funds the community jobs program and reimburses community jobs participants' wages to the CJCs.
(2) How will I be affected if I am enrolled in the community jobs program?
(a) WorkFirst case managers ((may)) will assign ((a TANF/SFA
participant)) you to a community jobs (((CJ))) position for no
more than nine months.
(b) You may be assigned to a community jobs position when:
(((a) The participant has an unsuccessful job search;
(b))) (i) You have gone through job search without finding a
job; and/or
(ii) The case manager ((determines the participant)) decides
you need((s)) a supportive work environment to help ((them)) you
become more employable((; and
(c) The participant's monthly cash grant is sufficient to
pay their community jobs wages for twenty hours per week at the
federal minimum wage.
(2) The department uses a participant's grant to provide a
wage subsidy to the community jobs contractor.
(3) The CJCs develop and manage the CJ positions, pay the
wages and provide support services.
(4) Once hired, the department will authorize the
participant's wage subsidy for no longer than nine TANF/SFA
payment months in that specific position)).
(((5) CJCs)) (c) You may not ((hire participants)) be
enrolled into ((a)) any community jobs position that requires you
to do work related to religious, electoral or partisan political
activities.
(((6) Community jobs participants are employees of the
community jobs contractor(s).
(7) Wages from the community jobs wage subsidy program are
fully attributable to diverted public assistance funds. These
wages are not "earned income" for purposes of eligibility for the
WorkFirst fifty percent-earned income disregard. For the food
stamp program, consider these wages and any grant supplement as
TANF grant monies.
(8) The department shall)) (d) You, your case manager and
the CJC will review the appropriateness ((for continued
participation in a)) of your community jobs position every ninety
days during ((the)) your nine-month placement((. This review
shall include)), looking at:
(((a) A review of any earned or unearned income received by
the participant or other member of the assistance unit; and
(b) A review of)) (i) Your continued TANF/SFA eligibility;
and
(ii) Any earned or unearned income received by you or another member of your assistance unit.
(((9) Community jobs participants)) (e) You may work ((an
average of)) twenty or more hours per week ((at a gross wage of
four hundred forty-two dollars and ninety cents per month, which
is at least equal to the federal minimum wage. CJ participants
are eligible for a twenty percent "work expense" income disregard
applied to their gross pay for DSHS purposes when determining
TANF/SFA residual grant amounts. In no instance may the net
wages earned in a community jobs position exceed the
participant's authorized TANF/SFA monthly grant amount.
(10) Community jobs participants)) 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 ((according
to)) at the rate((s designated for part-time employment by their
employer (community jobs contractor). If the employer has no
guidelines, participants earn sick leave at a rate of four hours
each month and vacation leave at a rate of four hours each month.
If they exhaust all leave and miss work time, a community jobs
participant is expected to make up the missed time; total work is
not to exceed forty hours per week. There is no cash-out value
to the participant for accrued sick and vacation leave hours
remaining at the end of the community jobs assignment.
(11))) agreed upon by DCTED and the CJC for community jobs
participants.
(g) The amount of ((the CJ participant's)) your TANF/SFA
monthly grant ((shall)) will be determined ((as stated)) by
following the rules in WAC ((388-218-1390(2).
(12) Only those employers who take actions that enable a
participant to move into other unsubsidized employment will be
considered for additional subsidized employees.
(13) The following categories of employers will be
considered for employment sites for participants in the community
jobs wage subsidy program:
(a) Federal, state or local governmental agencies, and
tribal governments; and
(b) Private and tribal nonprofit businesses, charities, and
educational institutions)) 388-450-0050 and 388-450-0215 (1),
(3), (4), (5) and (6). Reconciliation of prospectively budgeted
earnings, described in WAC 388-450-0215(2), does not apply to
your community jobs wages.
(3) Who will supervise me at the community jobs worksite and what rules must these employers follow?
(a) The CJC may ask the following categories of employers to provide worksites for participants in the community jobs program:
(i) Federal, state or local governmental agencies, and tribal governments; and
(ii) Private and tribal nonprofit businesses, organizations, and educational institutions.
(b) If these employers do not take actions to help you move into unsubsidized employment they will not be considered for additional community jobs employees.
[Statutory Authority: RCW 74.08.090, 74.04.050 and RCW 74.08A.320. 98-10-054, § 388-310-1300, filed 4/30/98, effective 5/31/98.]