STATE OF HAWAII
DEPARTMENT OF HUMAN SERVICES
BENEFIT, EMPLOYMENT AND SUPPORT SERVICES DIVISION

NOTICE OF PUBLIC HEARING

Pursuant to sections 91-3 and 92-41, Hawaii Revised Statutes, notice is hereby given that the Department of Human Services will hold a public hearing to consider the proposed amendments to existing rules of the Benefit, Employment and Support Services Division for the purpose of conforming to federal and state statutes. A brief description of the proposed changes is listed below:

CHAPTER 17-794, JOB OPPORTUNITY AND BASIC SKILLS (JOBS) TRAINING PROGRAM is being repealed and replaced with a new chapter 17-794.1.

CHAPTER 17-794.1 FIRST-TO-WORK PROGRAM

The heading of subtitle 6 is amended to reflect the current division name as Benefit, Employment and Support Services Division.

All previous references to the Job Opportunity and Basic Skills (JOBS) program will now reference the First To Work (FTW) program.

A new subchapter, Subchapter 6, “Other Provisions”, has been created to address optional provisions that the department may engage in to support and enhance FTW services.

§17-794.1-1 Program description. Changed authorizing federal citation to recognize the incorporation of 42 USC §§601-618.

§17-794.1-3 Definitions. Removed the following terms: “Before School Care”, “Caregiver or Provider”, “After-School Care”, “Family Child Care Home”, “Full-time”, “Group Child Care”, “JOBS”, “JOBS Pool”, “Licensed exempt care”, “Mandatory or non-exempt participant”, “Out-of-home relative care”, “Part-time care”, “Summer care”. Added the following terms: “Benefit, Employment and Support Services Division” or “BESSD”, “Custodial parent”, “Departmental designee”, “Community service program”, “Core work activities”, “Department” or “DHS”, “Federal Poverty Limit Guidelines” or “FPL”, “FTW”, “FTW Pool”, “Full-time participation”, “Gainful employment”, “Good or satisfactory progress”, “Good standing”, “Job skills training”, “Other approved work activities”, “Satisfactory attendance”, “Self-employment”, “Self-employment hours”, “Self-sufficient hours”, “Self-sufficient employment”, “Self-sufficient employment hours”, “Subsidized employment”, “Temporary Assistance for Needy Families”, “Temporary Assistance for Other Needy Families”, “Universal engagement”, “Unsubsidized employment”, and “Vocational educational training” or “VET”.
Modified the following term: “Child care”.

§17-794.1-5 Work eligible individual (WEI) and Other Work Eligible Individual (OWEI). Added to define the population that are considered Work Eligible Individuals and Other Work Eligible Individuals.

§17-794.1-7 Contracting authority. Changed to emphasize that services contracted by the department is for the purpose of supporting employment.

§17-794.1-9 Geographical location. Changed to reflect statewide availability of FTW.

§17-794.1-13 Intake. Removed reference to volunteers in the FTW program.

§17-794.1-14 FTW orientation. Changed to address employed participants entering orientation.

§17-794.1-16 Barrier reduction planning Added to recognize and address participants who may require additional services to reduce barriers to employment.

§17-794.1-18 Review of FTW program requirements with participants. Added to establish the department’s obligation to inform FTW participants of their programmatic requirements.

The following sections were added to recognize the federally approved work components per 45 CFR Parts 261, et al.:

§17-794.1-23 Unsubsidized employment.

§17-794.1-24 Subsidized employment.

§17-794.1-25 Community work experience program (CWEP).

§17-794.1-26 On-the-job-training (OJT).

§17-794.1-27 Job search and job readiness assistance.

§17-794.1-28 Community service programs (CSP).

§17-794.1-29 Vocational educational training (VET).

§17-794.1-30 Job skills training program (JST).

§17-794.1-31 Education directly related to employment.

§17-794.1-32 Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence.

§17-794.1-33 Providing child care services to an individual who is participating in a community service program.

§17-794.1-34 Monitored study sessions.

§17-794.1.1-38 Work or participation verification and documentation requirements.

§17-794.1-37 Participation. Changed to describe the various groups of Work Eligible Individuals and Other Work Eligible Individuals and their respective work participation requirements.

§17-794.1-39 Conciliation. Changed to describe the revised process of resolving non-compliance with mandatory work program requirements.

§17-794.1-40 Good cause. Added to define the department’s options in addressing a participant’s non-compliance with work participation prior to initiating any adverse action.

§17-694.1-41 Holidays and excused absence policy. Added to define the department’s options in addressing a participant’s non-compliance with work participation when there is good cause for the non-compliance.

§17-794.1-42 Sanctions. Added to define the action the department will take in addressing a participant’ s non-compliance with work participation when there is no good cause for the non-compliance.

§17-794.1-47 Child care. Changed to assign the authority of child care payments to the department’s child care services rules. In addition, defines the situation where the department may pay additional child care to participants who require sick child care services.

§17-794.1-49 One-time training and work-related expenses. Added to specify work-related expenses that may be covered by the program.

§17-794-52 Work incentive payments. Added to describe work incentive payments the department may issue to participants who perform specified hours of employment.

17-794.1-56 Projection of employment hours. Added to describe how the department intends to project employment component hours as allowed in 45 CFR Parts 261, et al.

17-794.1-57 Reporting changes. Changed to address reporting requirements per HAR § 17-650, Subchapter 4, “Simplified Reporting”.

§17-794.1-59 Notice of adverse action. Changed to add a condition that timely notice is not required if the manner in which a supportive service is paid changes unless the change results in a negative action taken by the department.

§17-794.1-60 Administrative hearing request. Renames the section, previously named, “Fair hearing request”, to conform with current statutory language.

§17-794.1-61 Job development and job placement component. Added to establish the authority for the department to implement job development and job placement services.

A public hearing will be held at the following date, time and place:

May 9, 2007 at 1:30 p.m.; Haseko Center, Suite 606, Conference Room 2, 820 Mililani Street, Honolulu, Hawaii.

All interested persons are invited to attend the hearing to state their views relative to the proposed rules either orally or in writing. Should written testimony be presented, five (5) copies shall be made available to the presiding officer at the public hearing or within seven (7) days before the hearing to:

Department of Human Services
Benefit, Employment & Support Services Division
820 Mililani Street, Suite 606
Honolulu, Hawaii 96813

Residents of Hawaii, Kauai, Maui, and Molokai wishing to present oral testimonies may also contact the Benefit, Employment and Support Services Section Administration office on the respective islands within seven (7) days before the Honolulu hearing date to have their testimony recorded:

East Hawaii Section Administrator
1990 Kinoole Street, Suite 111
Hilo, HI (981-7288);

West Hawaii Section Administrator
75-5722 Hanama Place Rm 1105
Kailua-Kona, HI (327-4765);

Kauai Section Administrator
Dynasty Court
4473 Pahee Street, Suite G
Lihue, HI (241-3663);

Maui Section Administrator
1955 Main Street, Suite #325
Wailuku, HI (243-5875);

Molokai Income Maintenance Unit
Kaunakakai Civic Center, Phase 2
55 Makaena Place, Room 1
Kaunakakai, HI (553-1715)

A copy of the proposed rules will be mailed at NO COST to any interested person requesting a copy by writing to:

Department of Human Services
Benefit, Employment & Support Services Division
820 Mililani Street, Suite 606
Honolulu, Hawaii 96813

or by calling 586-5230. Neighbor island residents may request a copy of the proposed rules at NO COST by contacting the Benefit, Employment and Support Services Division office during regular business days and hours.

Proposed rules are available on the internet at
http://www.hawaii.gov/ltgov/office/adminrules

Special accommodations (i.e., Sign language interpreter, large print, taped materials, or accessible parking) can be made, if requested at least five (5) working days before the scheduled public hearing on Oahu by calling 586-5230. Neighbor island residents needing special accommodations should contact the Benefit, Employment and Support Services Section Administration office on the respective islands with their requests.

DEPARTMENT OF HUMAN SERVICES
(SB05528598 4/9/07) LILLIAN B. KOLLER, DIRECTOR