Participation in profiling and the Reemployment Services and Eligibility Assessment program

(a) For purposes of this section, the following definitions apply: (1) "Administrator" means the Labor Commissioner of the State of Connecticut, whose mailing address is 200 Folly Brook Boulevard, Wethersfield, Connecticut 06109, or his designated representative. (2) "Due diligence" means the actions a reasonable and prudent person would take under similar circumstances. (3) "Good faith error" means a reason given by an individual identified through the profiling system for failure to participate in a reemployment service, which reason is attributable to an honest mistake that does not rise to the level of gross negligence. (4) "Participation" in a Reemployment Service" means attendance and a good faith effort to participate in and complete a reemployment service. (5) "Profiling System" means a system designed by the Administrator to identify unemployment compensation benefit recipients who are likely to exhaust regular benefits and need reemployment services to make a successful transition to new employment. (6) "Reemployment Service" means a service to which an individual identified through the profiling system has been referred, which is designed to: (a) orientate an individual to the profiling system and assess his need for subsequent services; and/or (b) provide the individual with skills or information to assist him to return to suitable employment. (b) The Administrator's responsibilities in the operation of a profiling system shall include, but not be limited to, the following: (1) Identification of individuals through the profiling system who are likely to exhaust unemployment benefits; (2) Orientation of individuals regarding available profiling system reemployment services and assessment of the need for such services; (3) Determination of what, if any, profiling system reemployment services are needed to assist the individual to make a successful transition to new employment; (4) Referral of individuals, when appropriate, to profiling system reemployment services deemed necessary by the Administrator; (5) Monitoring of an individual's participation in referred reemployment services, where necessary; (6) Scheduling and conducting a hearing to adjudicate eligibility for unemployment benefits pursuant to Section 31-241 of the General Statutes, whenever the Administrator identifies an issue of compliance with respect to an individual's participation in a reemployment service which requires adjudication; and (7) Making a determination of eligibility with respect to any issue adjudicated pursuant to subdivision (6) of this subsection. (c) As a condition of eligibility for unemployment benefits, an individual shall participate in any appropriate, profiling system reemployment service to which he has been referred unless he has completed similar services or he can demonstrate that justifiable cause existed for his nonparticipation. (d) In considering whether justifiable cause has been shown for the nonparticipation in a profiling system reemployment service, the Administrator shall compare the individual's actions with the standard of what a prudent and reasonable person would do under similar circumstances and consider all relevant factors, including but not limited to: (1) "Good faith error" by the individual provided there is no prior history of nonparticipation due to such error. In determining whether good faith error existed, the Administrator shall consider an individual's level of familiarity with profiling system procedures and requirements and whether the individual's actions otherwise demonstrate an intent to comply with such procedures and requirements; (2) Any physical or mental impairment of the individual which may have prevented participation; (3) Administrative error by the Employment Security Division or the failure of the Division to discharge its responsibilities; (4) Factors outside the control of the individual which prevented participation; (5) Participation in a training program approved by the Administrator pursuant to Section 31-236b of the general statutes; (6) A scheduled interview or appointment with an employer relating to the individual's efforts to obtain suitable employment; (7) Employment, the hours of which conflict with participation; (8) Whether the individual acted with due diligence after the reason for nonparticipation no longer existed; (9) Whether the individual is currently participating in, or will in the immediate future, participate in similar services. (e) Any profiling system reemployment service which requires attendance for two days or less in any given week shall not be considered training with approval of the Administrator pursuant to Section 31-236b of the General Statutes.