Ala. Admin. Code r. 480-4-3-.31

Current through Register Vol. 43, No. 1, October 31, 2024

Section 480-4-3-.31 - Profiling System

(1) Section 25-4-77(a) provides, as a requirement of eligibility, that a claimant selected and referred to reemployment services pursuant to Section 4 of Public Law 103-152 must participate in such services unless it is determined by the Director that the claimant has completed such service or there is justifiable cause for such claimant's failure to participate in such service.

(2) "Failure to participate" may occur if a claimant selected for referral to services under a profiling system established pursuant to Section 4 of Public Law 103-152 if such claimant:

(a) Refuses such referral to reemployment service;

(b) Accepts referral but fails to report to and participate in such service;

(c) Fails to participate satisfactorily in such services to which referred; or

(d) Fails to complete such referred service.

(3) "Justifiable cause" is defined as a reason that is shown to be just, right or reasonable. To determine justifiable cause as it relates to this section the "reasonable person" test must be applied i.e., is the reason(s) offered by the claimant for failure to participate such that a reasonable person would not have participated. Therefore, the reason given by a claimant for failure to participate in services to which referred in conjunction with having been selected for receipt of such services pursuant to Section 4 of Public Law 103-152 must meet this test in order for such claimant to continue to receive unemployment compensation benefits.

(4) Such justifiable cause may be established under circumstances which include but is not necessarily limited to the following:

(a) The location at which such service is offered is outside the normal and customary commuting area of the individual;

(b) The educational level of the individual would preclude the individual from being able to participate in the referred service;

(c) The individual has accepted an offer of bona fide employment;

(d) Unforeseen personal reasons over which the individual has no control, such as death in the immediate family, sickness or injury, or unforeseen unavailability of transportation; provided the individual makes a good faith effort to timely notify; the service provider and make themselves available for rescheduling of missed service;

(e) The location at which service is to be provided cannot provide a reasonable and satisfactory accommodation for the disability of the individual;

(f) The individual moved from the service delivery area.

(5) Failure to participate in such services as outlined above absent the claimant's meeting the burden of establishing justifiable cause will result in a denial of benefits. Any disqualification arising out of an adjudication under this paragraph shall be effective on the Sunday of the week during which such disqualifying event occurred. The establishment of justifiable cause by the claimant under paragraph (7) of Section 25-4-77(a); however, does not preclude a denial of benefits under other paragraphs in that Section.

Author: James C. Hollon, Unemployment Compensation Director

Ala. Admin. Code r. 480-4-3-.31

New Rule: Filed August 9, 1995 effective September 13, 1995.

Statutory Authority:Code of Ala. 1975, §§ 25-2-7, 25-2-8, 25-4-111.