§ 108A-29. Priority for employment services. - North Carolina Statutes

§ 108A‑29.  Priority foremployment services.

(a)        Repealed by SessionLaws 2009‑489, s. 12, effective August 26, 2009.

(b)        Individuals seekingto apply or reapply for Work First Program assistance and who are not exemptfrom work requirements shall register with the Employment Security Commissionfor employment services. The point of registration shall be at an office of theEmployment Security Commission in the county in which the individual resides orat another location designated in a Memorandum of Understanding between theEmployment Security Commission and the local department of social services.

(c)        Individuals who arenot otherwise exempt shall present verification of registration for Work FirstProgram assistance. Unless exempt, the individual shall not be approved forWork First Program assistance until verification is received. Child‑onlycases are exempt from this requirement.

(d)        Once an individualhas registered as required in subsection (c) of this section and uponverification of the registration by the agency or contractor providing the WorkFirst Program assistance, the individual's eligibility for Work First Programassistance may be evaluated and the application completed. Continued receipt ofWork First Program benefits is contingent upon successful participation inemployment services in the Mutual Responsibility Agreement, and lack ofcooperation and participation in employment services may result in thetermination of benefits to the individual.

(e)        Repealed by SessionLaws 2009‑489, s. 12, effective August 26, 2009.

(f)         Each countydepartment of social services shall enter into a cooperative agreement with thelocal Employment Security Commission to operate the Job Search component onbehalf of Work First Program registrants. The cooperative agreement shallinclude a provision for payment to the Employment Security Commission by thecounty department of social services for the cost of providing those services,not otherwise available to all clients of the Employment Security Commission, describedin this subsection as the same are reflected as a component of the County Planpayable from fund allocations in the county block grant. The county departmentof social services may also enter into a cooperative agreement with thecommunity college system or any other entity to operate the Job Preparednesscomponent. This cooperative agreement shall include a provision for payment tothat entity by the county department of social services for the cost ofproviding those services, not otherwise available to all clients of theEmployment Security Commission, described in this subsection as the same arereflected as a component of the County Plan payable from fund allocations inthe county block grant.

(g)        The EmploymentSecurity Commission shall further assist registrants through job search, jobplacement, or referral to community service, if contracted to do so.

(h)        An individualplaced in the Job Search component of the Employment Security Commission orother agency providing Job Search services shall look for work and shall acceptany suitable employment. If contracted, the Employment Security Commissionshall refer individuals to current job openings and shall make job developmentcontacts for individuals. Individuals so referred shall be required to keep arecord of their job search activities on a job search record form provided bythe Commission, and the Employment Security Commission will monitor theseactivities. A "job search record" means a written list of dates,times, places, addresses, telephone numbers, names, and circumstances of jobinterviews. The Job Search component shall include at least one weekly contactwith the Employment Security Commission. The Employment Security Commissionshall adopt rules to accomplish this subsection.

(i)         The EmploymentSecurity Commission shall notify all employers in the State of the"Exclusive No‑Fault" Referral Service available through theEmployment Security Commission to employers who hire personnel through JobService referrals.

(j)         All individuals referredto jobs through the Employment Security Commission shall be instructed in theprocedures for applying for the Federal Earned Income Credit (FEIC). Allindividuals referred to jobs through the Employment Security Commission whoqualify for the FEIC shall apply for the FEIC by filing a W‑5 form withtheir employers.

(k)        The FEIC shall notbe counted as income when eligibility is determined for Work First Programassistance, Medicaid, food and nutrition services, public housing, orSupplemental Security Income.

(l)         The EmploymentSecurity Commission shall work with the Department of Labor to develop arelationship with these private employment agencies to utilize their servicesand make referrals of individuals registered with the Employment Security Commission.

(m)       An individual whohas not found a job within 12 weeks of being placed in the Job Search componentof the Program may also be placed in the Community Service component at thecounty's option.

(n)        If after evaluationof an individual the Employment Security Commission believes it necessary, theEmployment Security Commission or the county department of social services alsomay refer an individual to a Job Preparedness provider. The local communitycollege should include General Education Development, Adult Basic Education, orHuman Resources Development programs that are already in existence as a part ofthe Job Preparedness component. Additionally, the Commission or the countydepartment of social services may refer an individual to a literacy council.Through a Memorandum of Understanding between the Employment SecurityCommission, the local department of social services, and other contractedentities, a system shall be established to monitor an individual's progressthrough close communications with the agencies assisting the individual. TheEmployment Security Commission or Job Preparedness provider shall adopt rulesto accomplish this subsection.

(o)        The JobPreparedness component of the Program shall last a maximum of 12 weeks unlessthe recipient is registered and is satisfactorily progressing in a program thatrequires additional time to complete. Every reasonable effort shall be made toplace the recipient in part‑time employment or part‑time communityservice if the time required exceeds the 12‑week maximum. The countydepartment of social services may contract with service providers to providethe services described in this section and shall monitor the provision of theservices by the service providers. Registrants may participate in more than onecomponent at a time.

(p)        The EmploymentSecurity Commission shall expand its Labor Market Information System. Theexpansion shall at least include: statistical information on unemployment ratesand other labor trends by county; and publications dealing with licensingrequirements, economic development, and career projections, and informationtechnology systems which can be used to track participants through theemployment and training process.

(q),(r)   Repealed by SessionLaws 2009‑489, s. 12, effective August 26, 2009.

(s)        Members of familieswith dependent children and with aggregate family income at or below the levelrequired for eligibility for Work First Family Assistance, regardless ofwhether or not they have applied for such assistance, shall be given priorityin obtaining employment services including training and community serviceprovided by or through State agencies or counties or with funds which areallocated to the State of North Carolina directly or indirectly through primesponsors or otherwise for the purpose of employment of unemployed persons.  (1961, c. 998; 1963, c.1061; 1965, c. 939, s. 2; 1969, c. 546, s. 1; 1971, c. 283; 1973, c. 476, s.138; 1977, c. 362; 1981, c. 275, s. 1; 1981 (Reg. Sess., 1982), c. 1282, s. 19;1989 (Reg. Sess., 1990), c. 966, s. 1; 1997‑443, s. 12.7(a); 1998‑212,s. 12.27A(l), (m); 1999‑340, s. 9; 2001‑424, s. 21.13(d), (e); 2007‑97,s. 8; 2009‑489, s. 12.)