§17-795-23 - Eligibility requirements.

§17-795-23 Eligibility requirements.

         (a) Participation in the SEE program shall be limited to a private for-profit employer who satisfies standards of quality as defined by the department, including but not limited to:

(1) Compliance with any applicable federal, state, and county laws that in any way affect the employer's ability to do business in the State for the duration of participation with the SEE program;
(2) Compliance with the rules or regulations of the following:
(A) The state department of taxation;
(B) The U.S. Internal Revenue Service;
(C) The state department of commerce and consumer affairs; and
(D) The state department of labor and industrial relations.
Compliance may be evidenced by registration with the Hawaii Compliance Express;
(3) Possession of all applicable licenses and accreditation related to the nature of the business, required under any applicable federal, state, and county laws; and
(4) Compliance with any applicable federal, state, and county employment laws or regulations including but not limited to the follow:
(A) Implementation and maintenance of a written smoking policy as required by chapter 328J, HRS or its successor provision;
(B) Implementation and maintenance of a drug free workplace as required by the Drug Free Workplace Act of 1988;
(C) Implementation and maintenance of all practices, policies, and procedures required by federal, state, and county laws, including but not limited to the Americans with Disabilities Act of 1990 (42 U.S.C. §§12101, et seq.), and the Rehabilitation Act (29 U.S.C. §§701, et seq.); and
(D) No employer with the SEE program shall engage in any discrimination that is prohibited by any applicable federal, state, or county laws.

         (b) The employer shall not owe money to the State pursuant to a judgment, a court order, fine, or any other legal obligation.

         (c) A determination of eligibility does not grant the employer any rights or interest in participation with the SEE program. The department is not obligated to refer or place SEE participants with the employer.

        [Eff MAR 20 2017] (Auth: HRS §346-14) (Imp: HRS §346-261; 45 C.F.R. §§260, et seq.)

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