Iowa Admin. Code r. 441-93.13 - [Effective 7/1/2025] Resolution of participation issues
PROMISE JOBS participants who do not carry out the responsibilities of the FIA shall be considered to have chosen the LBP as described in 441-subrule 41.24(8). The participation issues listed in this rule are those that are important for effective functioning in the workplace or training facility and for the completion of the FIA.
(1)
Notification of participation
issue. When participants appear to be choosing an LBP by not carrying
out the FIA responsibilities, the PROMISE JOBS worker shall send one written
reminder letter as specified in subrule 93.10(1). The written reminder letter
shall:
a. Clearly identify the participation
issue and the specific action needed to resolve it,
b. Clarify expectations,
c. Attempt to identify barriers to
participation that should be addressed in the FIA,
d. Explain the consequences of the LBP,
and
e. Offer supervisory
intervention.
(2)
Participation issues. Actions that may cause participants to
be considered as having chosen the LBP when the participant does not have a
problem or barrier to participation as defined at paragraph
93.4(5)"a" or rule
441-93.14 (239B) are:
a.
Tardiness. Participants
who, for a second time after PROMISE JOBS sends one written reminder letter as
described in subrule 93.13(1) at the first occurrence, are more than 15 minutes
late to a scheduled FIA activity without good cause or a barrier to
participation.
b.
Failure
to attend scheduled activities. Participants who do not, for a second
time after PROMISE JOBS sends one written reminder letter as described in
subrule 93.13(1) at the first occurrence, appear for scheduled appointments,
participate in assessment activities, including taking required vocational or
aptitude tests, complete or provide required forms other than those described
in subrule 93.10(3) or are absent from activities designated in the
FIA.
c.
Absence from work
experience. Participants who do not, for a second time after PROMISE
JOBS sends one written reminder letter as described in subrule 93.13(1) at the
first occurrence, notify work experience sponsors or the PROMISE JOBS worker of
an absence within one hour of the time at which they are due to
appear.
d.
Disruptive
behavior. Participants who exhibit disruptive behavior for a second
time after PROMISE JOBS sends one written reminder letter as described in
subrule 93.13(1) at the first occurrence. "Disruptive behavior" means the
participant hinders the performance of other participants or staff, refuses to
follow instructions, uses abusive language, or is under the influence of
alcohol or drugs.
e.
Unsatisfactory performance or participation. Participants
whose performance or participation in an FIA activity continues to be
unsatisfactory after PROMISE JOBS sends one written reminder letter as
described in subrule 93.13(1).
f.
Physical threats. Participants who make physical threats to
other participants or staff and have not provided written documentation from a
doctor, licensed psychologist, probation officer, or law enforcement official
after PROMISE JOBS sends one written reminder letter as described in subrule
93.13(1).
(1) "Physical threat" means having
a dangerous weapon in one's possession and either threatening with or using the
weapon or committing assault.
(2)
The documentation must verify that the act was caused by either a temporary
problem or a serious problem or barrier that needs to be included in the FIA.
The documentation must also provide reasonable assurance that the threatening
behavior will not occur again.
g.
Accepting work experience
assignments. Participants who do not accept work experience
assignments when the work experience is part of the FIA and do not demonstrate
a problem or barrier that caused the failure after PROMISE JOBS sends one
written reminder letter as described in subrule 93.13(1).
h.
Work experience
interviews. Participants who do not appear for work experience
interviews for a second time after PROMISE JOBS sends one written reminder
letter as described in subrule 93.13(1) at the first occurrence.
i.
Employment and other work activity
issues. Participants who do not follow up on job referrals, who refuse
offers of employment or other work activity, who reduce hours of employment or
other work activity, who terminate employment or other work activity, or who
are discharged from employment or other work activity.
(1) At the time of the occurrence, PROMISE
JOBS shall send a letter to the participant. The letter shall give the
participant an opportunity to resolve the issue by accepting a previously
refused employment offer if available, returning to previously terminated
employment, if available, obtaining comparable employment, or demonstrating a
problem or barrier that caused the failure.
(2) Reserved.
j.
Failure to secure child
care. Participants who do not secure adequate child care when
registered or licensed facilities are available after PROMISE JOBS sends one
written reminder as described in subrule 93.13(1) and when PROMISE JOBS has
provided the participant with resources for locating adequate child
care.
k.
Inappropriate use
of funds. Participants for whom child care, transportation, or
educational services become unavailable as a result of failure to use PROMISE
JOBS funds or child care assistance funds to pay the provider or failure to
provide required receipts and who do not demonstrate a problem or barrier that
caused the failure after PROMISE JOBS sends one written reminder letter as
described in subrule 93.13(1).
l.
Failure to follow training plan. Education participants who do
not follow the requirements of a training plan in the FIA as described in rule
441-93.8 (239B).
m.
Failure to renegotiate the
FIA. When a participant fails to respond to the PROMISE JOBS worker's
request to renegotiate the FIA because the participant has not attained
self-sufficiency by the date established in the FIA, after PROMISE JOBS sends
one written reminder letter as described in subrule 93.13(1), an LBP shall be
imposed regardless of whether the request to renegotiate is made before or
after expiration of the FIA.
(3)
Choosing an LBP.
a. Before determining that a participant has
chosen the LBP due to a potential participation issue, the PROMISE JOBS worker
shall make every effort to negotiate a solution and determine:
(1) Whether the participant has a problem
that provides good cause for the participation issue as described in rule
441-93.14 (239B). If so, the
participant shall be encouraged to take actions to fulfill the FIA.
(2) Whether participant circumstances
indicate that a barrier to participation exists as described in subrule
93.4(5). If so, the FIA shall be negotiated to address the
barrier.
b. The
participant may be considered to have chosen the LBP when all of the following
occur:
(1) The participant is notified of a
participation issue as described in subrule 93.13(1);
(2) The participant does not resolve the
participation issue;
(3) The
participant does not present acceptable evidence of a problem providing good
cause for the issue as described in rule
441-93.14 (239B); and
(4) The participant does not present
acceptable evidence of a barrier to participation as described in subrule
93.4(5) or fails to renegotiate the FIA to address the identified
barrier.
c. If the
resolution process does not lead to fulfillment of the FIA, the case shall be
referred for review.
(1) The department
retains control and oversees review procedures even when another agency is
contracted with to provide PROMISE JOBS services.
(2) Reserved.
d. If the above steps do not lead to
fulfillment of the FIA, the FIP participant is considered to have chosen the
LBP and the notice of decision will be initiated. The notice of decision will
inform the participant of:
(1) The action
needed to reconsider the LBP as described in 441-subparagraph
41.24(8)"d"(1) and 41.24(8)"e"(3).
(2) Appeal rights under the LBP are described
in rule 441-93.15
(239B).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
PROMISE JOBS participants who do not carry out the responsibilities of the
(1) Notification of participation issue. When participants appear to be choosing a limited benefit plan by not carrying out the FIA responsibilities, the PROMISE JOBS worker shall send one written reminder letter as specified in subrule 93.10(1). The written reminder letter shall:
a. Clearly identify the participation issue and the specific action needed to resolve it,
b. Clarify expectations,
c. Attempt to identify barriers to participation that should be addressed in the FIA ,
d. Explain the consequences of the limited benefit plan , and
e. Offer supervisory intervention.
(2) Participation issues. Actions that may cause participants to be considered as having chosen the limited benefit plan when the participant does not have a problem or barrier to participation as defined at paragraph 93.4(5)"a" or rule 441-93.14 (239B) are:
a. Tardiness. Participants who are more than 15 minutes late to a scheduled FIA activity for a third time within three months of the first tardiness, after PROMISE JOBS sends one written reminder letter at the time the second tardiness occurred.
b. Failure to attend scheduled activities. Participants who do not, for a second time after PROMISE JOBS sends one written reminder letter at the first occurrence, appear for scheduled appointments, participate in assessment activities, including taking required vocational or aptitude tests, complete or provide required forms other than those described at subrule 93.10(3) or are absent from activities designated in the FIA .
c. Absence from work experience. Participants who do not, for a second time after PROMISE JOBS sends one written reminder letter at the first occurrence, notify work experience sponsors or the PROMISE JOBS worker of an absence within one hour of the time at which they are due to appear.
d. Disruptive behavior. Participants who exhibit disruptive behavior for a second time after PROMISE JOBS sends one written reminder letter at the first occurrence. "Disruptive behavior" means the participant hinders the performance of other participants or staff, refuses to follow instructions, uses abusive language, or is under the influence of alcohol or drugs.
e. Unsatisfactory performance or participation. Participants whose performance or participation in an FIA activity continues to be unsatisfactory after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1).
f. Physical threats. Participants who make physical threats to other participants or staff and do not demonstrate that the participant is not at fault by providing written documentation from a doctor, licensed psychologist, probation officer, or law enforcement official after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1).
(1) "Physical threat" means having a dangerous weapon in one's possession and either threatening with or using the weapon or committing assault.
(2) The documentation must verify that the act was caused by either a temporary problem or a serious problem or barrier that needs to be included in the FIA . The documentation must also provide reasonable assurance that the threatening behavior will not occur again.
g. Accepting work experience assignments. Participants who do not accept work experience assignments when the work experience is part of the FIA and do not demonstrate a problem or barrier that caused the failure after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1).
h. Work experience interviews. Participants who do not appear for work experience interviews for a second time after PROMISE JOBS sends one written reminder letter as described in subrule 93.13(1) at the first occurrence.
i. Employment and other work activity issues. Participants who do not follow up on job referrals, who refuse offers of employment or other work activity, who reduce hours of employment or other work activity, who terminate employment or other work activity, or who are discharged from employment or other work activity due to misconduct.
(1) For the purposes of these rules, "misconduct" means a deliberate act or omission by the employed participant that constitutes a material breach of the duties and obligations arising out of the employee's contract of employment. To be considered misconduct, the employee's conduct must demonstrate deliberate violation or disregard of standards of behavior that the employer has the right to expect of employees. Mere inefficiency, unsatisfactory conduct, failure to perform well due to inability or incapacity, ordinary negligence in isolated instances, or good-faith errors in judgment or discretion shall not be deemed misconduct for the purpose of these rules.
(2) At the time of the occurrence, PROMISE JOBS shall send a letter to the participant regarding the misconduct. The letter shall give the participant an opportunity to resolve the issue by accepting a previously refused employment offer if available, returning to previously terminated employment, if available, obtaining comparable employment, or demonstrating a problem or barrier that caused the failure.
j. Failure to secure child care. Participants who do not secure adequate child care when registered or licensed facilities are available after PROMISE JOBS sends one written reminder and when PROMISE JOBS has provided the participant with resources for locating adequate child care.
k. Inappropriate use of funds. Participants for whom child care, transportation, or educational services become unavailable as a result of failure to use PROMISE JOBS funds or child care assistance funds to pay the provider or failure to provide required receipts and who do not demonstrate a problem or barrier that caused the failure after PROMISE JOBS sends one written reminder letter.
l. Failure to follow training plan. Education participants who do not follow the requirements of a training plan in the FIA as described at rule 441-93.8 (239B).
m. Failure to renegotiate the FIA . When a participant fails to respond to the PROMISE JOBS worker's request to renegotiate the FIA because the participant has not attained self-sufficiency by the date established in the FIA , after PROMISE JOBS sends one written reminder letter, a limited benefit plan shall be imposed regardless of whether the request to renegotiate is made before or after expiration of the FIA .
(3) Choosing a limited benefit plan .
a. Before determining that a participant has chosen the limited benefit plan due to a potential participation issue, the PROMISE JOBS worker shall make every effort to negotiate a solution. Local PROMISE JOBS management has the option to involve an impartial third party to assist in a resolution process. Arrangements shall be indicated in the local services plan of the local service delivery region. As part of the resolution process, the PROMISE JOBS worker shall determine:
(1) Whether the participant has a problem that provides good cause for the participation issue, as described in rule 441-93.14 (239B). If so, the participant shall be encouraged to take actions to fulfill the FIA .
(2) Whether participant circumstances indicate that a barrier to participation exists, as described in subrule 93.4(5). If so, the FIA shall be negotiated to address the barrier.
b. The participant may be considered to have chosen the limited benefit plan when all of the following occur:
(1) The participant is notified of a participation issue as described in subrule 93.13(1);
(2) The participant does not resolve the participation issue;
(3) The participant does not present acceptable evidence of a problem providing good cause for the issue as described in rule 441-93.14 (239B); and
(4) The participant does not present acceptable evidence of a barrier to participation as described in subrule 93.4(5) or fails to renegotiate the FIA to address the identified barrier.
c. If the resolution process does not lead to fulfillment of the FIA , the case shall be referred for review by the administering or contracted service provider agency.
(1) The procedure may include review by state-level staff of the administering or contracted agency or by a regional PROMISE JOBS manager, a PROMISE JOBS supervisor, an income maintenance supervisor, or a combination of any of the above. Approval of any review procedure at less than the state level shall occur only after the service delivery region demonstrates satisfactory performance of the resolution process.
(2) The department of human services retains control and oversees review procedures even when another agency is contracted with to provide PROMISE JOBS services.
d. If the above steps do not lead to fulfillment of the FIA , the FIP participant is considered to have chosen the limited benefit plan and the notice of decision shall be initiated. The notice of decision shall inform the participant of:
(1) The action needed to reconsider the limited benefit plan as described at 441-subparagraph 41.24(8)"d"(1).