(a) Program requirements. (1) A worker, after being separated from
adversely affected employment, must participate in an approved job
search program (JSP), or have completed a JSP, as a condition for
receiving TRA, except where the State agency determines that an
acceptable JSP is not reasonably available.
(2) A TRA claimant is subject to participation in a JSP as a
condition for
receiving TRA for weeks of unemployment which begin after the date the
claimant is notified of the requirement and has filed an initial claim
for TRA. The claimant is not subject to the JSP as a condition for
receiving TRA for weeks which begin prior to that date.
(3) When the State agency determines that the worker has failed to
begin participation in an approved JSP, or ceased to participate in such
a JSP before completion, and there is no justifiable cause for such
failure or cessation, no TRA may be paid to the worker for weeks
beginning with the week that failure or cessation occurred when it is
determined that such failure or cessation was without justifiable cause.
TRA may be paid thereafter to an otherwise eligible worker only for
weeks beginning with the week the worker begins or resumes participation
in an approved JSP or complete the JSP. For purposes of this paragraph
(a)(3), justifiable cause means such reasons as would justify an
individual's conduct when measured by conduct expected of a reasonable
individual in like circumstances, including but not limited to reasons
beyond the individual's control and reasons related to the individual's
capability to enroll in an approved JSP or complete the JSP.
(4) A worker in training approved under Secs. 617.22 through 617.26,
or approved by the State agency under State law, is excepted from the
JSP qualifying requirement while the worker is attending and making
satisfactory progress in the training. This exception applies whether
training begins before or after entitlement to basic TRA commences, and
also applies after training begins for a worker who is attending a JSP
program. Exceptions to the JSP qualifying requirement must be documented
in the worker's claim file by the State agency.
(b) Approved JSPs. A job search program may be approved if:
(1) The JSP is provided through the JTPA, the public employment
service, or any other Federal or State funded program, and complies with
paragraphs (w), (x), and (y) of Sec. 617.3.
(2) The JSP is sponsored by a company or firm from which the worker
has been separated, and complies with paragraphs (w), (x), and (y) of
Sec. 617.3.
(c) Determination of reasonably available. (1) Reasonably available
means an existing approved JSP that is located in the worker's normal
commuting area, as defined in Sec. 617.3, and has sufficient capacity to
accommodate the worker.
(2) When the State determines that a JSP is not reasonably available
for a worker, the requirement is not a condition of qualifying for TRA
for the weeks involved. When a determination is made with respect to a
worker, the State agency must document its determination, and the weeks
involved, in the worker's claim file, prior to making TRA payments to
the worker.
(3) The State agency may issue a blanket waiver of the JSP
qualifying requirement for TRA for groups of workers, where deemed
appropriate, when it is determined that there is no functioning JSP.
(4) All determinations that a JSP is not reasonably available should
extend only for that period of time that a JSP is not reasonably
available, and the exception for workers in approved training should
extend until the completion of training. If the State determines that a
JSP is reasonably available at a later date, then the JSP qualifying
requirement must be met for entitlement to basic TRA for weeks of
unemployment beginning with the week in which JSP becomes reasonably
available.
(d) JSP allowances. Subsistence and transportation costs shall be
approved for workers participating in JSPs when deemed appropriate and
within available State funding levels. Costs incurred may not exceed
those allowable for training under Secs. 617.27 and 617.28, if, and
when, the State refers a worker to a JSP outside the normal commuting
area.
(e) Termination of requirement. The job search program requirement
set out in this section shall not be a condition of entitlement to TRA
for any week which begins after November 20, 1988.
[53 FR 32351, Aug. 24, 1988, as amended at 54 FR 22277, May 23, 1989; 59
FR 939, Jan. 6, 1994]
