Workforce Services, Employment Development

Section R986-400-404

Participation Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 35001
Filed: 06/30/2011 04:36:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to better serve our clients by elimination of unnecessary paperwork.

Summary of the rule or change:

The rule currently says the applicant must meet with a Department representative. The Department will conduct those interviews via telephone when possible so clients will not have to visit the office. Further, clients with disabilities expected to last less than 12 months will not need to complete an agreement. This is to free up staff time to provide services which are more beneficial to our clients.

State statutory or constitutional authorization for this rule:

• Section 35A-1-104
• Section 35A-3-401
• Section 35A-3-402
• Subsection 35A-1-104(4)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs of savings to the state budget as these proposed changes are nonsubstantive in nature and will not affect current funding levels.

local governments:

These changes are nonsubstantive in nature and the program is state funded so there will be no costs or savings to local government.

small businesses:

There are no compliance costs for small businesses associated with this proposed change.

persons other than small businesses, businesses, or local governmental entities:

These proposed changes are nonsubstantive in nature and there are no compliance costs for any businesses or local government entities associated with this change.

Compliance costs for affected persons:

There are no compliance costs for affected persons as these changes are nonsubstantive in nature and there are no costs for complying.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business.

Kristen Cox, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/15/2011

This rule may become effective on:

08/22/2011

Authorized by:

Kristen Cox, Executive Director

R986. Workforce Services, Employment Development.

R986-400. General Assistance.

R986-400-404. Participation Requirements.

(1) A[ll] GA client[s are] with an impairment that is expected to last 12 months or longer is required to [meet with an employment counselor and] sign the General Assistance Agreement Form within 30 days after the initial financial benefit has been issued. A GA client with an impairment that is expected to last at least 60 days, but less than 12 months, will not be required to sign the General Assistance Agreement Form.

(2) The requirement to sign the General Assistance Agreement form, complete an assessment and negotiate an employment plan is limited to clients with long term impairments expected to last 12 months or longer.

(3) If the impairment is expected to last 12 months or longer, the client must apply for SSI/SSDI benefits.

(4) A client must accept any and all offers of appropriate employment as determined by the Department. "Appropriate employment" means employment that pays a wage that meets or exceeds the applicable federal or state minimum wage law and has daily and weekly hours customary to the occupation. If the minimum wage laws do not apply, the wage must equal what is normally paid for similar work and in no case less than three-fourths of the minimum wage rate. The employment is not appropriate employment if the client is unable, due to physical or mental limitations, to perform the work.

(5) A client must cooperate in obtaining any and all other sources of income to which the client may be entitled including, SSI/SSDI, VA Benefits, and Workers' Compensation.

(6) A client who meets the eligible alien status requirements for GA but does not meet the eligible alien requirements for SSI can participate in activities that may help them to become eligible for SSI such as pursuing citizenship.

 

KEY: general assistance

Date of Enactment or Last Substantive Amendment: [September 22, 2009]2011

Notice of Continuation: September 8, 2010

Authorizing, and Implemented or Interpreted Law: 35A-3-401; 35A-3-402