Participation in profiling and the Reemployment Services and Eligibility Assessment program

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 the Labor Commissioner’s 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 who is selected through the profiling model or is associated with a targeted population for failure to participate in the program, 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 need reemployment services to make a successful transition to new employment. (6) “Reemployment Service” means a service to which an individual participating in the RESEA program has been referred, which is designed to: (a) assess the individual’s need for services; and (b) provide the individual with skills or information to assist such individual to return to suitable employment. (7) “Reemployment Services and Eligibility Assessment (RESEA) program” means a program that is funded by the United States Department of Labor to assist individuals receiving unemployment benefits to return to suitable work more quickly. (b) The Administrator’s responsibilities in the operation of a RESEA program shall include, but not be limited to, the following: (1) Identification of individuals through the profiling model or within target populations; (2) Orientation of individuals regarding available RESEA program reemployment services and assessment of the need for such services; (3) Determination of what, if any, RESEA program reemployment services are needed to assist the individual to make a successful transition to new employment; (4) Referral of individuals, when appropriate, to the RESEA program 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 fact-finding process to adjudicate eligibility for unemployment benefits pursuant to Section 31-241 of the Connecticut 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 RESEA program reemployment service to which the individual has been referred unless the individual can demonstrate that justifiable cause existed for the individual’s nonparticipation. Failure to comply with the RESEA program requirements shall result in a delay or loss of a claimant’s unemployment benefits until the requirements have been met, unless such noncompliance is due to the Administrator’s failure to discharge the Administrator’s duties by rescheduling such service in a timely manner. (d) In considering whether justifiable cause has been shown for the nonparticipation in a RESEA program 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 RESEA program 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 Connecticut 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. (e) Any profiling or RESEA 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 Connecticut General Statutes.