Current through Register Vol. XLI, No. 50, December 13, 2024
Section 84-02-3 - Specifications3.01.Program Priorities - Top priority is given to West Virginia residents who are unemployed, heads of household, and have exhausted all unemployment benefits available to them. Second priority is given to West Virginia residents who are unemployed and have exhausted all unemployment benefits available to them.3.02.Definitions(a)HEAD OF HOUSEHOLD"Head of Household" means any person who:
(1) Claims one or more persons, other than the filing taxpayer, as a dependent on his or her federal income tax return; (2) has living in the same household one or more dependents; and (3) receives no income for the household and does not have a spouse or dependent living in the same household who is employed in regular full-time employment: Provided, that participation in any public assistance benefits shall not disqualify any person from entitlement to head of household status.(b)EXHAUSTEE"Exhaustee" means any person who is a "bona fide resident of this state who has been eligible for "unemployment compensation benefits and has received all the benefits available to him or her, and who is not gainfully employed.
(c)ELIGIBLE EMPLOYERSMeans any nongovernmental business or industry in the private sector which maintains an active, bona fide place of business in this state, is duly qualified to do business in the state, and is in good standing under the laws of this state.
3.03.Written Agreements - Any employment and reimbursement provided for shall be agreed to in writing on appropriate forms by the employer, the prospective employee and the Commissioner or his representative prior to such employee's actual employment.3.04.Contractor/Employee Limits(a)LARGE EMPLOYERSEmployers with ten or more permanent full-time employees cannot hire in excess of twenty-five (25) percent of their permanent full-time work force under PSEP contract.
(b)SMALL EMPLOYERSEmployers with less than ten permanent full-time employees must adhere to these regulations, Provided, that any fractions shall be rounded up to a whole number.
(c)NEW INDUSTRIESNew industry moving into the State is not affected by these requirements.
(d)WAIVERSThese requirements may be waived if (1) the Commissioner and/or his representative feels that additional employees are justified; and (2) appropriate justification is submitted with the agreement.
3.05.Advertisements For Pilot Program - The Commissioner shall cause to "be published in each pilot project area, a notice to employers and eligible persons of applicable provisions and opportunities under this program.3.06.Pilot Project Area Delineation - Due to the limited availability of funds, the Department shall establish a pilot project in each of the administrative areas as delineated on the following map