HAR §17-659-17. REPEALED

[R 12/15/95 ] §17-659-18 Determination of good cause for a dependent adult subject to work requirements. (a) The applicant or recipient shall be responsible to provide the necessary verification to establish good cause for refusing or leaving employment or work training. The department may contact the applicant’s or recipient’s last employer or prospective employer to corroborate good cause. (b) The department shall consider circumstances beyond the dependent adult’s control in determining §17-659-18 659-15 whether there was good cause. Examples of circumstances beyond the dependent adult’s control include, but is not limited to: (1) There was discrimination by the employer based upon age, race, sex, color, handicap, religious belief, national origin, or political beliefs as evidenced by the dependent adult’s formal appeal made to the proper federal or state agencies administering equal employment opportunity practices; (2) The employment or training violated health and safety laws and regulations which were detrimental to the dependent adult’s health and safety as established by the state department of labor and industrial relations (DLIR); (3) Employment activities were detrimental to the dependent adult’s health. Medical documentation to substantiate the detriment shall be provided; (4) The wages offered were less than or were reduced to below the state minimum wage; (5) The conditions or demands of the job, such as not being paid, or not being paid on time, made continued employment unreasonable and the matter was reported to the DLIR; (6) The dependent adult left the job to accept a definite and firm offer of employment elsewhere as evidenced by a letter of confirmation revealing the: (A) Name of the employer or the representative of the employer who made the offer; (B) Address or telephone number of the employer; and (C) Verified statement from the employer of the actual job offer. When the employment does not subsequently materialize because of circumstances beyond the dependent adult’s control, this reason shall be considered good cause; (7) The resignation of the dependent adult was recognized by the employer as retirement and §17-659-18 659-16 is substantiated by the receipt or pending receipt of retirement or pension benefits; (8) The employment or training was beyond the dependent adult’s mental or physical capacity, as mutually determined by the employer and the dependent adult. If the dependent adult was determined as being physically capable of doing the work by the employer, but the dependent adult disagrees, the dependent adult shall provide a medical statement to verify physical inability to do the job; (9) Daily commuting time exceeds two hours per day. Good cause shall exist when both public and private means of transportation are unavailable in getting to the job site; (10) The dependent adult’s parent, spouse or child was severely ill and such illness required the dependent adult’s presence when no other care arrangements were feasible; (11) A pregnant dependent adult leaves work on the advice of a physician and presents medical verification; (12) The self-employment business was not producing an amount equivalent to the state minimum wage after business expenses were subtracted from the gross income; or (13) The dependent adult left a job to move with the family where the spouse was offered or found full-time employment. (c) When verification of good cause for leaving employment is not available for such reasons as the business is no longer in existence or the doctor is no longer in practice, a signed statement from the applicant or recipient shall be accepted as the verification for good cause. (d) When employment offers were made through DLIR, the department shall accept the decision of DLIR as to whether the offer was bona fide or whether there was good cause to refuse employment or training. (e) The employment history of the dependent §17-659-19 659-17 adult, as a minor, shall not be considered. [Eff 3/19/93; am 3/14/94; am 5/31/02; am and comp 3/27/09 ] (Auth: HRS §§346-14, 346-71) (Imp: HRS §346-71) §17-659-19 Determination of misconduct for a dependent adult subject to work requirements. (a) The department may contact the applicant’s or recipient’s last employer to determine whether the applicant or recipient is unemployed because of misconduct. (b) Separation from employment due to unsatisfactory performance which is based on medically documented physical or mental illness or mental retardation shall not be considered misconduct. (c) The following situations shall constitute employee misconduct: (1) One unexcused absence, unless the presence of the individual is required in a court proceeding and the employer refused to give time off; (2) Repeated tardiness; (3) An argument or altercation with a superior or co- worker while at the place of employment during work time caused by the applicant or recipient; (4) Intentional conversion of business or personal property of the employer by the employee; (5) Intentional disregard of a superior’s or employer’s reasonable instructions; (6) Use of intoxicants on the job; (7) Neglect in the performance of work duties after a prior warning was given the employee by the employer; (8) Noncompliance with company policy which endangers the health or safety of the other employees, the employer’s business, or the employer’s customers; and (9) Intentional violation of the employer’s lawful and reasonable rules and orders. (d) The employment history of dependent adults, as minors, shall be considered. [Eff 3/19/93; am 3/14/94; am 5/31/02; am and comp 3/27/09 ] (Auth: HRS §§346-14, 346- 71) (Imp: HRS §346-71) §17-659-26 659-18 §§17-659-20 to 17-659-25 (Reserved) SUBCHAPTER 3 DISQUALIFICATIONS AND EXCLUSIONS