Section R6-10-125. Subsidized Employment - JOBSTART

A.      To be eligible for JOBSTART, a participant shall:

1.        Be a Jobs participant,

2.        Be receiving both cash assistance and food stamps,

3.        Complete Job Readiness training and a preliminary job search,

4.        Assist Jobs in assessing whether the participant can achieve enhanced employability through subsidized employment.

B.       If a participant is selected for JOBSTART, Jobs shall provide a JOBSTART orientation to the participant. The orientation shall describe JOBSTART, including:

1.        The benefits of subsidized employment;

2.        The diversion of the participant’s cash assistance and food stamp benefits for wage subsidy;

3.        The consequences of failure to comply with JOBSTART requirements;

4.        The availability of, and the requirements to qualify for and obtain, supplemental payments;

5.        The fair hearing process for challenging adverse action or failure to receive a supplemental payment;

6.        The exclusion of JOBSTART wages in calculating cash assistance and food stamp benefit eligibility;

7.        The potential eligibility for advance Earned Income Credits (EIC), as allowed under the Internal Revenue Code.

C.      Jobs shall make job referrals by matching a participant’s skills, experience, and employment plan with a JOBSTART employer’s requirements. Jobs shall also consider the follow- ing criteria in making JOBSTART employment referrals:

1.        Whether a referral provides a participant with additional employment opportunities because of skills learned through JOBSTART employment;

2.        Whether a referral is likely to result in permanent, unsub- sidized, or full-time employment for the participant;

3.        The length and quality of training the JOBSTART employer will provide to the participant;

4.        Wages, benefits, and opportunities for advancement;

5.        The employer’s turnover rate; and

6.        Other comparable or similar factors.

D.      Jobs shall schedule the participant for an interview with the prospective employer and notify the participant of the inter- view date, place, and time.

E.       The employer shall decide whether to hire a participant.

F.       A participant shall abide by an employer’s regular require- ments regarding:

1.        Submitting an application for employment,

2.        Appearing for interviews,

3.        Providing necessary information, such as citizenship ver- ification,

4.        Hours of employment,

5.        Attendance,

6.        Job performance,

7.        Conduct, and

8.        Other similar conditions of employment.

G.      A participant shall:

1.        Sign the Jobs form, agreeing to abide by JOBSTART requirements;

2.        Appear for pre-referral and assessment interviews with Jobs staff or a Jobs designee;

3.        File a weekly report of employment days, hours, and pay received;

4.        Accept and maintain subsidized employment or establish good cause for failing to participate, as prescribed in R6- 10-121;

5.        Report changes to Jobs that affect JOBSTART participa- tion such as;

a.         The need for additional support services under R6- 10-119,

b.        Acceptance or refusal of an employment offer,

c.         Absence from or termination of employment,

d.        Job position or function modifications, and

e.         Other similar or comparable factors;

6.        Ensure that the participant’s children between the ages of

6  and  16  receive  school  instruction   as  prescribed  in

A.R.S. § 15-802.

H.      At the end of each work week, a participant shall complete and sign the Jobs form on which the participant shall indicate the participant’s name, days and hours worked, and pay received. The participant shall obtain the participant’s supervisor’s sig- nature, or the signature of that person’s designee, on the form and send the form to the participant’s case manager.

I.        Jobs shall use information on the form to determine:

1.        Whether the participant is entitled to a supplemental pay- ment under subsection (N);

2.        The amount of reimbursement for JOBSTART employers under R6-10-126(H); and

3.        The participant’s compliance with JOBSTART require- ments.

J.        If the participant fails to send in the completed form, the Department shall initiate the sanction process, under R6-10- 123, or a withholding under R6-10-124 for TPEP. If the employer fails to sign the form, Jobs shall delay reimburse- ment payments to the employer until the employer signs the form or is terminated for the failure to sign, under R6-10-126.

K.      A participant may participate in JOBSTART employment for up to six months with one extension of three months, at the option of Jobs. If a participant’s employer wishes to request the three month extension, the employer shall make the request in writing and shall provide the following information on which Jobs shall consider in its decision whether to extend:

1.        Name  of  the  participant   for  whom  the   extension  is requested;

2.        Position for which an extension is requested;

3.        Additional experience or training that is necessary for the participant to achieve competency;

4.        Whether the employer expects to hire the individual fol- lowing the extension;

5.        The length of the extension, not to exceed three months; and

6.        Other similar or comparable factors indicating that an extension is necessary.

L.       Jobs shall not permit the total JOBSTART employment time for a participant to exceed nine months.

M.     A participant shall comply with Jobs Program requirements, including all JOBSTART requirements as prescribed in this Article. If a participant fails to participate or to comply with these requirements, the Department shall impose a sanction, under R6-10-123, or withholding of cash assistance under R6- 10-124.

N.      Each month, the Department shall make a supplemental pay- ment to any participant whose net wages do not equal the com- bined benefit amount of cash assistance and food stamps for which the participant is eligible.

O.      If a participant’s combined cash assistance and food stamp monthly benefit amount exceeds the amount of the partici- pant’s adjusted gross wages and supplemental payments for the same month, and the loss is due to an unpaid hour of unex- cused absence as reported by the JOBSTART employer, the Department shall:

1.        Presume that each unpaid hour was not for good cause;

2.        Withhold a supplemental payment to make up the differ- ence; and

3.        Send the participant written notice of adverse action no later than 10 calendar days following the end of the bene- fit month. At minimum, the notice shall include the fol- lowing information:

a.         When and how the participant failed to comply, the consequences of the noncompliance, the month in which the Department is imposing the sanction or withholding, and how the participant can recomply;

b.        The participant’s right to provide verification of good cause for such absence, under R6-10-121, and the participant’s right to receive a supplemental pay- ment if the Department finds that the participant has established good cause; and

c.         The participant’s responsibility to provide documen- tation of good cause to Jobs within 10 calendar days from the mailing date of the notice to avoid with- holding of the supplemental payment pending the outcome of a fair hearing.

P.       The Department shall provide a supplemental payment, recon- ciling any difference, no later than 10 work days after the end of the month in which the participant establishes good cause if:

1.        The participant provides verification of good cause under R6-10-121, and

2.        The verification is received by Jobs within 10 calendar days of the mailing date on the adverse action notice.

Q.      The Department shall not provide the participant with a sup- plemental payment, reconciling the difference, if the partici- pant does not request a hearing or requests a hearing but waives the continuation of benefits pending the outcome of the hearing, and either does not:

1.        Provide any verification of good cause, or

2.        Timely provide verification of good cause.

R.      The Department shall conduct hearings on appeals of adverse action as prescribed in Article 3. Grievances are also governed by procedures provided in Article 3.

Historical Note

Adopted effective January 10, 1977 (Supp. 77-1).

Amended effective July 27, 1983 (Supp. 83-4). Repealed

effective June 6, 1995 (Supp. 95-2). New Section adopted

effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Former R6-10-125 renumbered to R6-10-126; new Section R6-10-125 renumbered from R6-10-124 and amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (Supp. 05-4).