N.J. Admin. Code § 10:87-10.12 - Job search components

Current through Register Vol. 54, No. 7, April 4, 2022

(a) Persons required to register for work shall be subject to an independent job search or other appropriate NJ SNAP Employment and Training Program (NJ SNAP ETP) activity.
(b) During the initial assessment interview, the LWD worker shall determine the job search requirements of each work registrant and shall provide each registrant with written notification regarding his or her job search requirements, procedures to be followed and the consequences of failure to comply. Based on the capabilities and characteristics of the registrant, the LWD worker shall determine the extent of appropriate LWD activity for each work registrant.
1. Those registrants that have no apparent substantial barriers to employment shall be considered job ready.
2. Persons on temporary layoff or expecting to return to work within 60 days, shall be considered non-job ready for 60 days from the date of initial registration. At the end of the 60 day period, such persons shall be contacted to redetermine appropriateness for participation in job search.
(c) Exempt:
1. The determination of exempt status shall be made by the CWA at the time of the work registration. This is done to preclude the need of such registrants to travel to the LWD office for an interview, unless it is impossible for the CWA to determine exempt status from the information provided at the time of work registration.
2. Those work registrants for whom a job search is determined to be impractical, specifically including registrants residing an unreasonable distance from the LWD office location or considered to be unsuitable for participation in any efforts toward employment due to a permanent condition of unemployability shall be considered exempt. Such exemption shall be subject to reevaluation at the time of the individual's next recertification.
i. A distance shall be considered unreasonable if the round trip exceeds two hours by reasonably available public or private transportation.
3. Migrant and seasonal farmworkers away from their usual place of residence and following the work stream shall also be considered exempt.
4. Those registrants with substantial barriers to employment such as, but not limited to, medical or social problems documented in writing, language or other serious problems, that alone or in conjunction with adverse labor market conditions would make them difficult to place shall be considered exempt. Such exemption shall be subject to reevaluation at the time of the individual's next recertification.
(d) Persons determined to be job ready or persons losing exempt status or reentering the program after a period of absence shall be subject to and must comply with a job search for a minimum of eight weeks each 12 months. The LWD office may require that the eight week period be one continuous period, or that it be divided into two separate job search periods which total eight weeks.
1. Registrants shall contact, as required by LWD, up to a minimum of 24 prospective employers during the eight week period. If the job search period is shortened, the number of required job contacts shall be reduced on a pro rata basis, to the maximum extent practicable.
i. A referral to an employer shall be considered a job contact provided the registrant presents himself or herself to the employer as available for employment.
ii. To be considered a job contact initiated by the registrant, the registrant must present himself or herself to the employer as available for work and the employer must ordinarily employ persons in areas of work that the registrant is reasonably qualified for by means of experience, training or ability and is not considered unsuitable employment in accordance with 10:87-10.10.
iii. Depending upon the position being sought, the job contact requirements may be fulfilled by either a personal visit to the prospective employer or another method of application which is considered by the LWD office to be generally accepted practice.
iv. The work registrant cannot contact the same employer in subsequent weeks unless the initial contact indicated that vacancies in suitable job positions may soon exist.
2. Reporting job contacts to the LWD office.
i. Twice during the eight week job search period the work registrant shall report at a prescheduled time to the LWD worker, the result of all job search contacts. If the eight week job search activity is divided into two separate periods, the LWD worker may require the registrant to report once during each period of job search activity.
ii. Job contacts shall be reported in writing in a manner prescribed by LWD. At the time of the initial interview with the LWD worker, the work registrant shall be informed about the manner of reporting. While such reporting will not require the employer's written confirmation of the job contact, the registrant shall be required to sign written documentation to attest to its validity. The written report shall be submitted to the LWD worker at the work registrant's follow-up interview. The registrant shall be responsible for providing LWD, upon reasonable request, any additional information regarding job contacts.
(e) The LWD worker shall determine if the work registrant has completed the assigned number of job contacts.
1. If the registrant was assigned a continuous job search period of less than eight weeks, the registrant shall have two additional weeks to complete any missed contacts.
2. If the registrant was assigned a single continuous eight week job search period, no additional time shall be allowed unless the LWD worker fails to accept, for reasons such as suitability or manner of contact, a job contact(s) reported by the registrant. In such instances, the work registrant shall be allowed an additional two weeks to make up the disallowed contact(s).
3. Persons failing to complete the required number of job contacts, with good cause, shall be excused from completion of the job search requirements.
4. If a registrant believes that a LWD determination is improper, review of the determination may be obtained from a designated LWD official not involved in the original determination. For example, if the registrant believes he or she has been improperly assigned to a job search category or assigned an improper number of job search contacts, or that an action which should have been counted as a contact was not, a review may be obtained. This also applies to an LWD determination that noncompliance was not for good cause.
(f) A complete file on each work registrant shall be maintained by the LWD office.

Notes

N.J. Admin. Code § 10:87-10.12
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
This section was originally 3.19(g).
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
Substituted references to DOL for references to FSETP throughout; rewrote (a); in (b), substituted a reference to DOL activity for a reference to E&T activity in the introductory paragraph; and in (c)2, substituted a reference to the DOL office location for a reference to the E&T location.
Recodified from N.J.A.C. 10:87-10.17 and amended by R.2004 d.181, effective 5/17/2004.
See: 35 N.J.R. 28(a), 36 N.J.R. 2425(a).
Deleted the introductory phrases throughout; in (d)1ii, amended the N.J.A.C. reference. Former N.J.A.C. 10:87-10.12, Verification of voluntary quit and good cause, recodified to N.J.A.C. 10:87-10.7.
Amended by R.2007 d.129, effective 5/7/2007.
See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a).
Substituted "LWD" for "DOL" throughout; and rewrote (c)1.
Administrative change.
See: 44 N.J.R. 1529(a).

The following state regulations pages link to this page.



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.