(iii) Family housing must be provided where feasible and necessary. (3) Effective January 1, 1965: (i) Reasonable costs of transportation to and from the place of employment must be borne by the employer. (ii) No certification shall be made permitting the employment of any foreign worker for a period exceeding 120 days; nor shall any certification be made with respect to any petition of any employer which would result in the employment of foreign workers by such employer for more than 120 days in any calendar year, except in specific cases, when necessary to avoid undue hardship, in accordance with criteria prescribed by the Department of Labor. (iii) No certification shall be made with respect to the petition of any employer who has been found by the Secretary of Labor or his designated representative to have failed, without good cause, to comply with the work contracts entered into with any domestic or foreign agricultural workers, or who has in his employ or is found to have had in his employ after the effective date of these regulations, any foreign worker when such employer knows or has reasonable grounds to believe or suspect or by reasonable inquiry could have ascertained that such foreign worker is not lawfully within the United States. (iv) When domestic workers become available for jobs in which foreign workers are employed, the domestic workers must be given preference. (v) No foreign workers shall be assigned to fill any job to which referral of United States workers would be prohibited under regulations or policies of the United States Department of Labor governing the referral of workers to jobs involved in strikes or other labor disputes. (4) These criteria shall not be applicable to Basque sheepherders. (d) The schedules referred to in paragraph (c) are as follows: 1.15 1.15 1.30 1.25 New York.... Oregon Virginia West Virginia.. [29 F.R. 19101, Dec. 30, 1964] Services and facilities. Each State agency shall provide, in an efficient and effective manner, the public employment services described in §§ 602.2 to 602.10, inclusive, through adequate local employment office facilities. Each State agency shall maintain local employment office facilities of such number, size, and location as may be necessary in view of the population distribution and the industrial and agricultural and related industry employment pattern of the State and of communities within the State. [18 F.R. 306, Jan. 15, 1953; 18 F.R. 2819, May 15, 1953] (a) Official identification. The official name of the statewide system of public employment offices and the name on all official signs, stationery, and documents used in connection with the statewide system of public employment offices shall be" State Employment Service". To associate the State Employment Service and its local offices with the nationwide public employment service system in each instance where this name appears on official signs, stationery, and (b) State director. Each state-wide system of public employment offices shall be under the supervision and direction of a State director (as defined in § 602.1 (d)), who shall devote his full time to employment service activities, except that such State director may also supervise and direct the following unemployment insurance activities: The taking of claims, the making of decisions thereon, and the payment of claims. He may also supervise such other activities as the Director of the United States Employment Service finds, in the light of special circumstances, will not impede the proper and efficient administration of the employment service program. (c) Local managers. Each local public employment office shall, with respect to all its employment service activities, be under the direction and supervision of a local office manager, who shall be responsible to the State director (as defined in § 602.1 (d)) for the proper and efficient administration of the employment service activities performed in such local office and who may, in addition, be responsible for other designated activities which are closely related to and will not impede the proper and efficient administration of, the employment service activities of a local employment office. These activities may include the supervision and direction of unemployment insurance activities relating to claims for benefits, such as the taking of claims, the making of decisions thereon, and the payment of claims, performed in such local offices. (d) Maintenance of employment service activities in local offices. Under emergency circumstances, and giving due regard to the proper and efficient performance of employment service activities, personnel required for the performance of local office employment service functions may assist in the performance of unemployment insurance activities described in paragraphs (b) and (c) of this section for limited periods of time. Under emergency circumstances and for limited periods of time, the services of unemployment insurance personnel in local offices may be accepted to assist in the performance of local office employment service activities. Notwithstanding any of the provisions of this paragraph to the contrary, clerical services may be used interchangeably between the employment service and unemployment insurance activities. (e) Staff State agency shall effective program for the development of its personnel through staff training. Such a program shall include provision for adequate and appropriate planning, execution, evaluation, and control of staff training. training. Each maintain an (f) Other forms of administrative organization or divisions of administrative responsibility. Notwithstanding the other provisions of this part relating to forms of administrative organization and divisions of administrative responsibility, the Director of the United States Employment Service may approve other forms of administrative organization and divisions of administrative responsibility, which he finds are reasonably calculated to carry out the purposes of the WagnerPeyser Act and maintain the identity of the State-wide system of public employment offices as a part of the Nation-wide system of public employment offices. [15 F.R. 5888, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951, as amended at 18 F.R. 306, Jan. 15, 1953; 18 F.R. 2819, May 15, 1953; 25 F.R. 9046, Sept. 21, 1960] § 602.13 Arrangements between United States Employment Service and related Federal agencies. The Director of the United States Employment Service is authorized to enter into appropriate arrangements with other Federal agencies for the coordina tion of activities and the exchange of services which relate to the purposes and program of the Federal-State cooperative national system of public employment offices provided for in this chapter. Each State agency shall comply with and carry out such arrangements. [15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951] § 602.14 Manual of instructions. The Director of the United States Employment Service shall provide the States with a comprehensive guide on all matters pertinent to the Federal-State cooperative program for the maintenance of a national system of public employment offices, to be included in the Employment Security Manual. [15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951] § 602.15 Personnel administration. Each State shall maintain, with respect to personnel employed in the State system of public employment offices, a merit system of personnel administration which complies with the Bureau of Employment Security "Standards for a Merit System of Personnel Administration." [15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951] Each State agency shall maintain a State advisory council constituted in the manner and for the purpose described in section 11(a) of the Wagner-Peyser Act, and shall maintain local advisory councils, in such communities and constituted in such manner as the State agency deems necessary to promote and assist in the carrying out of the services and activities described in those regulations. [15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951] § 602.18 Confidential character of records. Each State agency shall: (a) Assure that all information contained in the records of the State em ployment service and secured from workers, employers or other persons or groups as an incident to the State public employment service program, is used solely for the purpose of administering the State system of public employment offices as part of a national system of public employment offices, except that such information may be disclosed for other purposes in accordance with policies promulgated by the Director of the United States Employment Service to assure that such disclosures will not impede the operation of or be inconsistent with the purposes of the public employment service program. (b) With respect to the receipt, storage, custody, dissemination and transmission of materials classified for national security purposes, comply with such procedures and instructions as may be promulgated by the Secretary of Labor or by such other officials of the Department of Labor as he may designate. [16 F.R. 5316, June 6, 1951. Redesignated at 16 F.R. 9142, Sept. 8, 1951] § 602.19 Reports and studies. Each State agency shall file with the United States Employment Service and keep current such information and reports on local labor market conditions and the State agency's operations, activities, workload and expenditures as the Director of the United States Employment Service may from time to time require to carry out the provisions of the Wagner-Peyser Act, and in connection therewith, shall maintain the procedures and programs and carry out the instructions set forth in Part III of the Employment Security Manual and such other instructions as the Director of the United States Employment Service may from time to time approve. Each State agency shall cooperate in the making of such studies, surveys and investigations by the Director of the United States Employment Service or his representatives, and in the carrying out of such studies, procedures and programs, as the Director of the United States Employment Service from time to time finds necessary to carry out the WagnerPeyser Act. [15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951] § 602.20 State plans of operation. Each State desiring to receive the benefits of the Wagner-Peyser Act shall sub mit detailed plans for carrying out the provisions of the act in accordance with the instructions to State agencies for preparation and submittal of State plans of operation under the Wagner-Peyser Act prescribed by the Secretary of Labor (or by the official to whom he has delegated authority to issue such instructions) and contained in Part I of the Employment Security Manual. If such plans are found in compliance with this section, they shall be approved and due notice thereof shall be communicated to the State agency. [18 F. R. 306, Jan. 15, 1953; 18 F. R. 2819, May 15, 1953. Redesignated at 16 F.R. 9142, Sept. 8, 1951] § 602.21 Delegation of authority. The Director of the Bureau of Employment Security is hereby authorized except as otherwise provided in Parts 602 and 605 of this chapter, to issue any standard or instruction or to take any other action provided for in such parts, and to delegate further any authority so delegated to him. [18 F. R. 306, Jan. 15, 1953; 18 F. R. 2819, May 15, 1953. Redesignated at 16 F.R. 9142, Sept. 8, 1951] § 602.22 Amounts and purposes of grants. Grants to States under the act of June 6, 1933 (48 Stat. 113), as amended, shall be in such amounts and shall be available for expenditure for such purposes as are determined to be necessary for the proper and efficient administration of the statewide system of public employment offices as part of the national public employment office system, in accordance with the provisions of the Wagner-Peyser Act, and such instructions as may be issued from time to time thereunder. [15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951] § 602.23 Notice and opportunity for hearing to State agency prior to withdrawal of Federal funds. Whenever the Secretary of Labor has reason to believe that in the administration of a statewide system of public employment offices (a) there has occurred a substantial failure to comply with the State's detailed plan of operations as approved under the Wagner-Peyser Act, or (b) the cooperating State agency has not expended the moneys paid to it in accordance with the provisions of said Act, the Secretary shall give the Governor of the State a written notice which shall state specifically wherein the State has failed to comply or failed properly to expend. The Secretary shall give notice of the time and place of the hearing to the State agency and shall afford the State agency a reasonable opportunity to appear and be heard. The Secretary shall make the necessary determination or finding on the basis of the record of the hearing. A notice of the Secretary's determination or finding shall be sent to the State employment security agency. [15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951] PART 603-INSTRUCTIONS TO STATE AGENCIES FOR PREPARATION AND SUBMITTAL OF STATE PLAN OF OPERATION UNDER THE WAGNER-PEYSER ACT Sec. 603.1 603.2 603.3 603.4 603.5 Letter of transmittal. Action taken to carry out United Policies and operating instructions. AUTHORITY: The provisions of this Part 603 issued under sec. 12, 48 Stat. 117, as amended; 29 U.S.C. 49k. Interpret or apply secs. 1-13, 48 Stat. 113, as amended; secs. 2010-2014, 72 Stat. 1221, 29 U.S.C. 49-491; 38 U.S.C. 2010-2014. SOURCE: The provisions of this Part 603 appear at 23 F.R. 6788, Sept. 4, 1958. § 603.1 Letter of transmittal. All materials submitted to the Bureau by the State agency as part of its plan of operation-whether in the form of an original submittal or an amendmentshould be accompanied by a letter of transmittal, prepared in accordance with the following provisions: (a) Request for approval. The letter of transmittal should state that the accompanying statements and attachments are submitted as a plan of operation (or as amendments to a plan of operation) pursuant to the provisions of the Wagner-Peyser Act, as amended. The Director of the Bureau of Employment Security should be requested to approve the plan (or the amendments) as submitted. (b) List of documents. The letter of transmittal should list each section of the plan being transmitted and the document being submitted thereunder. (c) Submittal of the plan and amendments. (1) The original should state that the plan is submitted as a continuing plan; should designate the effective date; and should certify that the plan will be kept current by the submittal for incorporation in the plan of necessary amendatory materials. (2) A similar letter of transmittal should accompany each amendment to the plan. The letter should request that the proposed amendments be incorporated in the plan, and should, if they are to be substituted for other provisions previously submitted and accepted, request that the substitution be made. (d) Signature. The letter of transmittal should bear the signature and title of the State official or officials authorized under the State law to submit the plan of operation. If the State agency is a commission or other body, rather than a single official, the original letter of transmittal should be accompanied by a certified copy of the minutes of the commission or other body approving the plan and authorizing the signing official to submit the plan on behalf of the State agency. Any newly adopted legal material and any rescission or amendment of legal material previously incorporated in the plan should be submitted currently for approval as a part of the plan. Each new item of legal material should be accompanied by a statement identifying the previously incorporated legal material-including the page and section of the plan where it occurs-which the new legal material amends or renders obsolete. (a) Opinion of State Attorney General. The legal material must include an opinion of the State Attorney General or other appropriate State official stating that the State statutes authorize the State agency to submit the plan and administer the State Employment Service, in accordance with the Act of June 6, 1933 (48 Stat. 133), as amended, and Title IV of the Servicemen's Readjustment Act of 1944 as amended. (b) Legislative and executive promulgations. Legislative and executive promulgations submitted as a part of the plan should include constitutional and statutory provisions, proclamations, executive orders, rules and regulations, and any other materials which constitute or determine the legal basis for the plan, or any materials having the force or effect of law and affecting in any respect the operation of the State Employment Service (other than those affecting only fiscal management or personnel administration). This material must include the State statute accepting the WagnerPeyser Act and creating the State agency to administer the Statewide system of public employment offices in cooperation with the United States Employment Service. The material should also include legislation creating the department or agency of State government in which the State public employment office system is located. Organization and enabling laws to be submitted under this section of the plan include constitutional, statutory, and administrative legal materials relating to the establishment of the State agency and its program, accepting the provisions of the Wagner-Peyser Act, defining the relationships between the State agency and the department or other agency of State government in which it is located, and constituting the legal authority for the material required under all provisions of the plan. (c) Court decisions and legal opinions. When any court decisions or legal opinions are rendered affecting any part of the plan or the operation of the State Employment Service, they should be submitted promptly. Opinions of appropriate State officials will be requested, for incorporation in the plan, when the intent of a statute or constitutional provision is not clear or if there is any question as to the authority of an agency to issue a rule or regulation or take any other action provided for in the plan. § 603.3 Action taken to carry out United States Employment Service regulations. Submit a statement that the State agency will comply with and carry out the regulation prescribed by the Secretary of Labor under the WagnerPeyser Act and entitled "Cooperation of the United States Employment Service and States in Establishing and Maintaining a National System of Public Employment Offices." |