(a) Each Native American grantee, and any subgrantees or contractors
assigned responsibility for the determination of participant
eligibility, shall be responsible for developing and maintaining a
system which reasonably ensures an accurate determination and subsequent
verification of eligibility based on the information presented at the
time of application.
(b) The ultimate responsibility for the selection of participants
and the maintenance of participant records rests with the Native
American grantee. However, the Native American grantee may assign the
administration of this responsibility to subgrantees of contractors. The
selected agency must provide adequate documentation of each
participant's eligibility and retain in the participant's folder the
information on which this determination is based.
(c) The eligibility determination shall be based upon a signed,
completed, application form which records all information necessary to
determine eligibility, which attests that the information on the
application is true to the best of the applicant's knowledge and
acknowledging that such information is subject to verification and that
falsification of the application shall be grounds for the participant's
termination and may subject the applicant to prosecution under law. In
the case of an applicant who is a minor (except minors who are
emancipated or heads of households), the signature of the parent,
responsibile adult or guardian is also required.
(d) Native American grantees shall maintain documentation to ensure
the credibility of the eligibility determination, which shall at a
minimum:
(1) Include a completed application for participation;
(2) Include records of all actions taken to correct deficiencies in
the eligibility determination procedures; and
(3) Show compliance with section 504 of the Act.
(e) A participant determined to be ineligible shall immediately be
terminated.
(f) A Native American grantee may enter into an agreement with a
State employment security agency (SESA) or other independent agency or
organization as may be approved by the Department, for the verification
of applicant eligibility within 45 days of enrollment. The Native
American grantee shall monitor such verification procedures to ensure
that erroneous verifications are not made deliberately or with
insufficient care.
(g) Participants may be transferred from one JTPA program to
another, from one Native American grantee to another, from a Native
American grantee to a SDA grant recipient, from a SDA grant recipient to
a Native American grantee, or concurrently enrolled in programs
sponsored by Native American grantees or SDA grant recipients, provided,
except for age requirements, they were eligible for the subsequent or
concurrent program when they were first enrolled.
(h) Eligibility determinations for each program shall be made at the
time of application. Applicants determined eligible may be enrolled as
participants within 45 days of the date of the application without an
update of the information on the application provided they did not
obtain full-time permanent unsubsidized employment in the interim. This
provision does not appy to the title II-B program.
(i) Aliens described in section 167(a)(5) of the Act and who
otherwise meet the eligibility requirements for programs under this
part, may participate in a program if this is permitted by Indian law or
the Native American grantee.
