09.33.01.06

.06 Determinations of Eligibility for Unemployment Insurance.

A. Suitable Employment.

(1) The work test necessary to determine whether suitable work is available to an unemployment insurance claimant shall be performed by either Job Service staff, or another employee of the Department designated by the manager of the public employment office serving the claimant.

(2) The following factors shall be considered in making the determination if suitable work is available to a claimant:

(a) Claimant's skills;

(b) Claimant's training;

(c) Claimant's experience;

(d) Claimant's capabilities;

(e) Claimant's prior earnings;

(f) Claimant's length of unemployment;

(g) Claimant's prospects for securing customary occupation in the local area;

(h) The distance of available work from claimant's residence;

(i) Wages, hours, or other conditions of the work offered are substantially less favorable than those prevailing for similar work in the locality;

(j) The position offered is vacant due directly to a strike, lockout, or other labor dispute;

(k) As a condition of being employed, the individual will be required to forfeit rights secured by the National Labor Relations Act; and

(l) Any other factors that the Secretary determines are relevant.

B. Approved Training.

(1) Job Service shall determine whether an employment-related training program is approved for the purposes of granting a work search waiver to unemployment insurance claimants.

(2) Job Service shall consider the following factors in determining whether to approve a training program:

(a) Whether the prospects for the claimant's employment in the occupation for which the claimant has existing training and experience are minimal;

(b) Whether the training program will prepare the claimant for employment in a career in which there are job opportunities;

(c) Whether participating in the training program will effectively prevent the claimant from conducting work search or employment activities during the claimant's normal work hours;

(d) Whether the claimant could reasonably be required to attend a similar training program at times that would not conflict with the claimant's normal work hours;

(e) Whether the claimant has been accepted into the training program; and

(f) Any other factors that the Secretary determines are relevant.

(3) A work search exemption may not be granted for:

(a) A self-study program that does not require on-premises attendance;

(b) A program not accredited by or approved by the appropriate authority, unless the program lasts 13 weeks or less and the training is in a field for which there are jobs in the local labor market; or

(c) Education leading to a college or post-college degree, unless the claimant will attain the degree in 26 weeks or less and the training is in a field for which there are jobs in the local labor market.

(4) A claimant who is granted a work search waiver due to participation in approved training shall submit each week attendance and progress reports on Department forms.

(5) A claimant who fails to attend training or to submit the required forms shall have the work search exemption withdrawn.