R 408.777 Wage deviation certificate; application; specifications; duration; issuance and denial; amendment.

Rule 7. (1) An application for a wage deviation certificate shall be filed by a rehabilitation facility or by a private sector employer seeking to pay a deviated wage rate to handicapped workers not covered under section 14(c) of the fair labor standards act of 1938, as amended, 29 U.S.C. 214. A unit of rehabilitation facility having an identifiable program that operates at a different location under separate supervision shall file a separate application for a wage deviation certificate. (2) A certificate must specify the terms and conditions under which it is granted. (3) A certificate takes effect on the date issued and is effective for 12 months. Handicapped workers may be paid a deviated wage rate only during the effective period of the certificate. (4) If a certificate is issued by the director, a copy shall be sent to the rehabilitation facility or private sector employer. If denied, the applicant must be notified in writing of the denial and the reasons for the denial and of the right of appeal provided for in R 408.784 and R 408.785. (5) The terms of a certificate may be amended upon written request from a rehabilitation facility or private sector employer and subsequent approval by the director.