2005 California Unemployment Insurance Code Sections 15050-15064 CHAPTER 6. STATE RESPONSIBILITIES

15050.  The Governor shall, after receiving the recommendation of
the State Job Coordinating Council, designate directly or by contract
the agency or agencies responsible for the provisions of this
division.
   The functions of the Governor's designee shall include all of the
following:
   (a) Overall direction, pursuant to the policies established by the
state council of the statewide programs operated by service delivery
areas under this division.
   (b) Administration, either directly or by contract with another
entity, of these statewide programs in service delivery areas that
request the state to assume this function.
   (c) Administration of  special assistance programs to areas facing
urgent employment and training needs that cross jurisdictional lines
or result from major plant closures under Chapter 7.5 (commencing
with Section 15075), arrival and resettlement of significant numbers
of refugees, or comparable circumstances.  Nothing in this section
shall be construed as modifying the manner in which federal Office of
Refugee Resettlement Funds are used in this state.
   (d) The Employment Development Department shall be responsible for
the administration of demonstration programs testing innovative
approaches to assisting clients eligible under this division to find
unsubsidized employment, where feasible.
   To the extent feasible, in implementing demonstration programs
designed for eventual merger into the statewide programs operated by
the administrative entity in service delivery areas under this
division, the Employment Development Department shall involve
appropriate local agencies in program planning and operation within
the demonstration sites.  Once the demonstration programs are
completed, if they have proven to be effective in achieving the
intent and objectives of this division, the Employment Development
Department shall take the steps necessary to ensure their
implementation and integration wherever appropriate within the
statewide employment and training programs operated by the
administrative entity in the service delivery areas.
15051.  The department shall establish rules, regulations, and
procedures necessary to govern the administration of the provisions
of this division and to ensure that its legislative purposes and
intent are carried out.  These regulations shall include to the
extent permitted by federal law:
   (a) Standards and criteria for determining eligibility and
services priorities pursuant to Section 15011.  These shall include,
but are not limited to, standards for ensuring that a service
delivery area plan gives appropriate priority to public assistance
recipients.
   (b) Standards for determining appropriate and allowable services
and training activities, and entities providing services and
training.  These shall include, but are not limited to, ensuring that
all occupational skill training corresponds to area labor market
demand, ensuring that any training entity providing services has a
demonstrated record of past performances in training and placing
persons in unsubsidized private sector employment or offers
reasonable assurance that services provided will result in these
placements, and prohibiting contracting with entities whose officers
have been convicted of fraud or misappropriation of funds within the
last two years.
   (c) Standards and criteria to be used in developing plans.  These
shall include, but are not limited to, appropriate placement goals
and requirements for adequate public notice and opportunity for
public involvement in the development of service delivery area plans.
   (d) Standards, criteria, and procedures to be used by the
department in evaluating and approving service delivery area plans.
   (e) Standards for ensuring adequate, efficient service delivery
area administration including standards for ensuring efficient
service delivery area management information and financial accounting
systems.
   (f) Standards and criteria for ensuring effective coordination and
linkages with other agencies that deliver training and
employment-related services.
   (g) Standards and criteria for ensuring that no participant shall
be employed or that no job opening shall be filled:
   (1) When any other individual is on layoff from the same or any
substantially equivalent job.
   (2) When the employer has terminated the employment of any regular
employee or otherwise reduced its workforce with the intention of
filling the vacancy so created by hiring a participant whose wages
are subsidized by the Workforce Investment Act of 1998 (P.L.
105-220), the successor to the Job Training Partnership Act.
   (3) When the employer has not rehired a seasonal employee who has
a history of regular seasonal employment with the employer.  This
paragraph shall only apply to the construction industry.
15052.  The department shall review and approve plans submitted
under the provisions of Chapter 5 (commencing with Section 15040) and
Chapter 7.5 (commencing with Section 15075) in accordance with
established standards and criteria for determining the adequacy of a
plan and shall allocate federal and state funds to the grant
recipient in a service delivery area only upon approval of the plan.
15053.  The department shall allocate to the grant recipient in each
service delivery area an amount of the federal  and state funds
annually appropriated for the purposes and requirements of this
division  in accordance with the federal Job Training Partnership Act
and this division.  Funds may be allocated to the grant recipient in
each service delivery area on the basis of performance to the extent
authorized by federal law and this division.
15054.  The department shall conduct such planning activities as are
required to assess job preparation and training services needs,
availability of resources to address that need and private sector
employment needs.  The purpose of such planning is to provide the
department with information necessary to establish the standards,
criteria priorities, and formulas required by the provisions of this
chapter.
15055.  The department shall develop standards in accordance with
federal laws whereby the performance of programs in the service
delivery area can be measured.  The department shall provide each
service delivery area with these performance standards in order that
local private industry councils can assess program achievements of
the service  delivery area.  The standards shall:
   (a) Recognize that performance may vary among the service delivery
areas due to economic conditions and to the employability barriers
confronting their eligible populations.
   (b) Be based on participant outcome measures that are related to
the services provided, including obtaining unsubsidized employment,
tenure of employment, adequacy of wages received, comparisons of
wages before and after training, and other measures as the department
may determine appropriate.
   (c) Be able to measure the avoidance of costs that would have
occurred had the employment and training services not been provided
in comparison with the costs of providing  these services.
   (d) Accommodate delays in job placement following completion of
training services due to illness or other circumstances, including
pregnancy.
15056.  In accordance with its established standards, the department
shall monitor and evaluate the performance of programs in the
service delivery area including assessments of efficiencies of
administration, effectiveness of coordination and linkages with other
training and employment services resources.  The department shall
also determine levels of achievement for service delivery areas.  The
purpose of these monitoring and evaluation activities is to
determine reasons for high and low levels of program performance,
administrative efficiencies, and program coordination, and to
determine the appropriate allocation of performance-based funding
pursuant to Section 15053.  Based on these determinations, the
department shall provide technical assistance and training to service
delivery areas which promote the development of service delivery
area programs reflecting models of demonstrated success.
15056.6.  In order to ensure compliance with subdivision (g) of
Section 15032, the department shall provide training and technical
assistance to service delivery areas in developing nontraditional
employment training programs for women.
15057.  The Employment Development Department shall assure that the
services and resources provided by its labor exchange function, labor
market information system, and employment services network,
including job agents, are fully supportive of the service delivery
areas.  The Employment Development Department shall assure that its
local offices develop operational plans which are coordinated with
and support the development and operation of annual plans prepared
pursuant to this division.
15058.  The department shall make every effort to assure the maximum
cooperation by other state departments and agencies and to assure
that resources and services provided by the other state departments
and agencies shall be, to the maximum extent possible, coordinated
with plans and made available to participants served by those plans.
15060.  The rules, regulations, and procedures established by the
department shall conform to federal laws and regulations to the
extent necessary to assure continued receipt of federal funds
available for the purposes and requirements of  this division.  In
the event there is a compelling statewide need to depart from federal
law and regulations, and it is determined necessary to do so in
order to carry out legislative intent and purposes, the director is
hereby authorized to secure such federal waivers of law and
regulation as may be required in order to continue receiving the
maximum level of federal funds.
15061.  (a) The department shall develop and maintain those fiscal
control, accounting, auditing, and debt collection procedures that
are necessary to assure proper disbursal of and accounting for the
state and federal funds appropriated for the purposes and
requirements of this division.
   (b) If the state or a service delivery area has established a
final debt against a Job Training Partnership Act service provider
and the service provider has not paid the final debt or has not
established a payment plan agreed to by the department within 60 days
after the debt is established as final, the service provider shall
be barred from receiving Job Training Partnership Act funds in the
future from either the state or from any service delivery area.  The
department shall publish a list of service providers who are barred
from receiving Job Training Partnership Act funds by May 1 of each
year.
15062.  The department shall establish procedures to assure that the
rights and privileges of applicants for or recipients of services
provided under this division are not abridged.  The department's
monitoring and evaluation activities shall determine whether
participants are being treated with fairness, equity, and courtesy.
15064.  The department, in cooperation with the State Department of
Social Services, shall report to the Legislature, not later than
February 1 of each year, on the effectiveness of the program
established under this division, including Dislocated Workers
Assistance programs provided by Chapter 7.5.  The department's report
shall detail any economic and other advantages to the people of this
state which have resulted from the program including the effect upon
state costs, the reduction in public assistance and unemployment
insurance costs, increased revenues in the form of taxes paid by
program participants, and the degree to which local job training
plans and program performance meet regional and state labor market
needs.