§ 4485. ELIGIBILITY FOR PROGRAM; PERIOD OF TRAINING.
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/usc/title-10/section-4485A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In General .— To be eligible for participation in a program of job training under this subtitle, an eligible person must be an eligible person described in paragraph
(2)who— is unemployed at the time of applying for participation in a program under this subtitle; and has been unemployed for at least 8 of the 15 weeks immediately preceding the date of such eligible person’s application for participation in a program under this subtitle; separates from the active military, naval, or air service and whose primary or secondary occupational specialty in the Armed Forces is (as determined under regulations prescribed by the Secretary and in effect before the date of such separation) not readily transferable to the civilian workforce; or served in the active military, naval, or air service and is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under the laws administered by the Secretary of Veterans Affairs for a disability rated at 30 percent or more. For purposes of paragraph (1), an eligible person referred to in paragraph
(1)is a veteran who— was discharged on or after August 2, 1990 ; and served in the active military, naval, or air service for a period of more than 90 days; or was discharged or released from active duty because of a service-connected disability. For purposes of paragraph (1), an eligible person shall be considered to be unemployed during any period such person is without a job and wants and is available for work. In determining whether a person is unemployed for purposes of paragraph (1), the implementing official shall not take into consideration part-time or temporary employment, as defined by such official. Application Process .— An eligible person who desires to participate in a program of job training under this subtitle shall submit to the implementing official an application for participation in such a program. Such an application— shall include a certification by the eligible person that the eligible person meets the criteria for eligibility prescribed by subparagraph (A), (B), or
(C)of subsection (a)(1); shall include an opportunity for the eligible person to request counseling under section 4493(a); and shall be in such form and contain such additional information as such official may prescribe. Subject to subparagraph (B), an application by an eligible person for participation in a program of job training under this subtitle shall be approved unless the implementing official finds that the eligible person is not eligible to participate in a program of job training under this subtitle. Approval of an application of an eligible person under this subtitle may be withheld if the implementing official determines that, because of limited funds available for the purpose of making payments to employers under this subtitle, it is necessary to limit the number of participants in the program carried out under this subtitle. Subject to section 4491(c), the implementing official shall certify as eligible for participation under this subtitle an eligible person whose application is approved under this subsection and shall furnish the eligible person with a certificate of that eligible person’s eligibility for presentation to an employer offering a program of job training under this subtitle. Any such certificate shall expire 180 days after it is furnished to the eligible person. The date on which a certificate is furnished to an eligible person under this paragraph shall be stated on the certificate. A certificate furnished under this paragraph may, upon the eligible person’s application, be renewed in accordance with the terms and conditions of subparagraph (A). Appeal of Denial of Certificate .— The implementing official shall permit each eligible person who is not issued a certificate of eligibility under subsection
(b)(other than an eligible person who is not issued such a certificate by reason of subsection (b)(2)(B)) to challenge in a hearing before the implementing official the decision of the implementing official not to issue the certificate. The implementing official shall prescribe procedures with respect to the initiation and conduct of hearings under this subsection. Period of Training .— An employer shall provide a period of training under a program of job training under this subtitle of not less than 6 months in a field of employment providing a reasonable probability of stable, long-term employment.