Section 17-795-24 - Application and eligibility determination(a) The employer shall submit: (1) A completed application form signed by the business owner or by a legally authorized representative;(2) Supporting documents as requested by the department or department designee; and(3) A detailed description of the positions the employer will make available for recruitment through the SEE program, including but not limited to the position title, role, assigned job duties, responsibilities, and limitations.(b) The department shall: (1) Review the completed application and supporting documents to determine the employer's eligibility to participate with the SEE program;(2) Provide the employer up to ten calendar days from the date of the request to submit additional information or documents to establish eligibility when the application is determined by the department to be incomplete, or supporting documents previously submitted are insufficient to determine eligibility, or both; and(3) Dispose of the application within thirty calendar days of receipt of all required documents.(c) Eligibility shall be for a twelve-month period beginning from the date of eligibility as determined by the department.(d) The employer shall not be granted provisional eligibility.(e) The employer shall be compliant with certifications described in this section prior to entering into any SEE program agreements.(f) The employer shall not place a participant:(1) In a position involving activities that are defined as or may be construed as illegal activities in accordance with federal, state, and county laws; or(2) In a position that provides adult-oriented entertainment in which performers disrobe or perform in a partially clothed or unclothed state.(g) The eligibility period may be reduced or revoked if the employer: (1) Fails to timely submit documents as requested by the department;(2) Fails to adhere to any requirements set forth in this chapter; or(3) Demonstrates a pattern of discharging SEE program participants, subsequent to the expiration of the SEE program agreement, without good cause. The employer shall be ineligible for participation in the SEE program for a period determined by the department.
(h) The department shall terminate any active SEE program agreements if the employer is determined ineligible prior to the expiration of the current eligibility period.(i) The employer's eligibility shall not be transferable and shall become invalid when: (1) The employer ceases to operate its business; or(2) There is a change in business ownership.(j) The employer shall not employ, at any given time, more than ten per cent of its total workforce, per worksite, through the SEE program.[Eff 3/20/2017] (Auth: HRS § 346-14) (Imp: HRS § 346-261; 45 C.F.R. §§ 260, et seq.)