§ 28-44-70 - Entrepreneurial training assistance program.
SECTION 28-44-70
§ 28-44-70 Entrepreneurial trainingassistance program. – (a) Definitions. As used in this section, unless the context clearlyrequires otherwise:
(1) "Entrepreneurial training assistance program" means aprogram administered by the director under which an eligible individual mayreceive employment assistance allowances pursuant to the provisions of thissection.
(2) "Employment assistance activities" means activities,including entrepreneurial training, business counseling, and technicalassistance, approved by the director in which an individual identified througha worker profiling system as likely to exhaust regular benefits participatesfor the purpose of establishing a business and become self-employed.
(3) "Employment assistance allowance" means an allowancepayable in lieu of regular benefits from the fund to an individualparticipating in employment assistance activities who meets the requirements ofthis section.
(4) "Full-time basis" means that the individual is devotingsuch amount of time as is customary to establish a business which will serve asa full-time occupation for that individual, but in no case less thanthirty-five (35) hours per week.
(5) "Regular benefits" means benefits, including dependents'allowances, payable to an individual under chapters 42 – 44 of this title,or under any other state law, including benefits payable to federal civilianemployees and to ex-service persons pursuant to 5 U.S.C. § 8501 et seq.,other than additional and extended benefits.
(b) Eligibility requirements for employment assistanceallowances. Employment assistance allowances shall be payable to anindividual at the same interval, on the same terms, and subject to the sameconditions as regular benefits under chapters 42 – 44 of this title,except that:
(1) The requirements of §§ 28-44-12 and 28-44-20relating to availability for work, active search for work, and refusal toaccept suitable work are not applicable to the individual;
(2) The requirements of §§ 28-42-3(25), 28-42-3(27)and 28-44-7 relating to income are not applicable to income earned fromself-employment by the individual;
(3) An individual who meets the requirements of this sectionshall be considered to be totally unemployed pursuant to § 28-42-3(27); and
(4) An individual who fails to participate in employmentassistance activities or who fails to actively engage on a full-time basis inactivities, which may include training, relating to the establishment of abusiness and becoming self-employed or who fails to provide information thatthe director requires shall be disqualified for the week the failure occurs andfor each subsequent week until the individual shows to the satisfaction of thedirector that the individual meets the requirements of this section.
(c) Amount of employment assistance allowance. Theweekly allowance payable under this section to an individual shall be an amountequal to the weekly benefit amount, including dependents' allowances, payableto the individual for a week of total unemployment during the benefit yearpursuant to § 28-44-6. The sum of the allowance paid under this sectionand regular benefits paid under chapters 42 – 44 of this title to anindividual with respect to any benefit year shall not exceed the maximumpotential regular benefits, including dependents' allowances, payable to thatindividual under chapters 42 – 44 of this title with respect to thebenefit year.
(d) Termination from the entrepreneurial trainingassistance program. The director may terminate any individual from theentrepreneurial training assistance program who fails to meet requirements ofthe program for three (3) or more weeks. Individuals who are terminated from orvoluntarily leave the entrepreneurial training assistance program may receive,if otherwise eligible, regular benefits with respect to the benefit year;provided, that the total amount of regular benefits and employment assistanceallowances paid to the individual shall not exceed the maximum potentialregular benefits, including dependents' allowances, payable to that individualunder chapters 42 – 44 of this title with respect to the benefit year.
(e) Limitation on receipt of employment assistanceallowances. The aggregate number of individuals receiving employmentassistance allowances under this section for any week shall not exceed fivepercent (5.0%) of the total number of individuals receiving regular benefitsunder chapters 42 – 44 of this title for that week. The director shall,through regulations, prescribe any actions that are necessary to assure therequirements of this subsection are met.
(f) Financing costs of employment assistanceallowances. Notwithstanding any inconsistent provisions of chapters 42– 44 of this title, employment assistance allowances paid pursuant to thissection shall be paid with money drawn from the fund and the allowances shallbe charged in the same manner as provided for regular benefits paid underchapters 42 – 44 of this title. Allowances attributable to federalmilitary or federal civilian service shall be charged to the appropriatefederal account.
(g) Effective date and termination date. Theprovisions of this section shall apply to weeks beginning after June 22, 1994,or to weeks beginning after any plan required by the United States Departmentof Labor is approved by the department, whichever date is later; provided, thatnothing contained in this section shall be construed to require the director tooperate an entrepreneurial training assistance program as allowed under thissection. The authority provided by this section shall terminate:
(1) As of the effective date of the withdrawal of approval ofany plan required by the United States Department of Labor; or
(2) As of the week containing the date when federal law nolonger authorizes the provisions of this section.