1. (a)

   1. (1) Subgrantees shall develop community service assignments with state or federal agencies that contribute to the general welfare of community and nonprofit organizations that are exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code, 1954.

   2. (2) Assignments cannot be made to host agencies that:

      1. (A) Promote sectarian religious worship or instruction; or
      2. (B) Involves the construction, operation, or maintenance of a facility to be used as a place of religious worship or instruction.
   3. (3) SCSEP participants cannot be given assignments to perform duties that involve political activities on behalf of either a partisan or nonpartisan group.

   4. (4)

      1. (A) Community service assignments cannot be made to a for-profit company.
      2. (B) In some circumstances, participants will receive on-the-job training with for-profit agencies to prepare them for employment after the training is completed.

2. (b)

   1. (1) Each year, host agencies shall sign a host agency agreement with the subgrantee, which will become part of the permanent record.

   2. (2) Host agency responsibilities shall include but not be limited to the following:

      1. (A) To provide the participant with supervision at least equal to supervision provided employees in similar positions;
      2. (B) To provide adequate orientation and instruction regarding the participant’s community service assignment, duties, and safety;
      3. (C) To provide an environment that is sanitary and safe and free from drugs and alcohol, and ensure that all laws governing workplace safety are followed;
      4. (D)

3. (i) To work with participant and subgrantee staff in developing a participant’s training and/or assignment description based on a participant’s individual employment plan.

   1. (ii) Any changes or revisions to the participant’s assignments or training shall require notification of the subgrantee;

      1. (E) To provide training that is assignment-related and which will enhance the individual’s potential for unsubsidized employment and/or allow the time off to attend training during work hours as approved and required by the subgrantee;
      2. (F) To give first consideration to the participant for an unsubsidized position within the host agency when a vacancy occurs for which the participant has the qualifications and required experience;
      3. (G) To establish and maintain a written schedule, ensure that the schedules comply with the number of hours authorized by the subgrantee, and provide cooperation and access to participant records to the subgrantee and Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services staff for the purposes of on-site monitoring of the host agency;
      4. (H) To provide any tools, supplies, equipment, and safety training necessary to perform the participant’s assignment;
      5. (I) To make assignments in accordance with medical limitations, make any accommodations required by the Americans with Disabilities Act, and adhere to the confidentiality requirements of the act;
      6. (J) To report any participant accidents to the subgrantee;
      7. (K) To provide the subgrantee with accurate and timely time sheets of participant hours signed by the participant and host agency supervisor; and

      8. (L) To ensure that participants are not subject to discrimination based on:

         1. (i) Age;
         2. (ii) Race;
         3. (iii) Color;
         4. (iv) Religion;
         5. (v) Sex;
         6. (vi) National origin;
         7. (vii) Disability;
         8. (viii) Veteran status;
         9. (ix) Political affiliation; or
         10. (x) Any other basis prohibited by law.
         11. (c) Assignments provided at the host agency shall meet the maintenance of effort provisions required under federal regulations that applies to the use of SCSEP funds as follows:
   2. (1) Employment of a participant funded under Title V of the Older Americans Act, 42 U.S.C. § 3056 et seq., is permissible only in addition to employment that would otherwise be funded by the recipient and host agency without assistance under the Older Americans Act;
   3. (2) Assignment shall result in an increase in employment opportunities over and above those already available;
   4. (3) Assignment shall not result in the displacement of a current participant including partial displacement such as the reduction of regular hours, wages, or employment benefits;
   5. (4) Assignment shall not impair existing contracts for service or result in substitution of federal funds for other funds in connection with work that would otherwise be performed;
   6. (5) Assignment shall not substitute SCSEP funded positions for existing federally assisted jobs; and

   7. (6) Shall not assign or continue to assign any eligible individual to perform work that is the same or substantially the same as that performed by any other person who is on layoff.

      1. (d)
   8. (1) No host agency may be a work site for a person in an administrative capacity, staff position, or community service assignment position under Title V, if a member of that person’s immediate family works in an administrative capacity or as a board member for the host agency.

   9. (2) Immediate family means:

      1. (A) Wife;
      2. (B) Husband;
      3. (C) Son;
      4. (D) Daughter;
      5. (E) Mother;
      6. (F) Father;
      7. (G) Brother;
      8. (H) Brother-in-law;
      9. (I) Sister;
      10. (J) Sister-in-law;
      11. (K) Son-in-law;
      12. (L) Daughter-in-law;
      13. (M) Mother-in-law;
      14. (N) Father-in-law;
      15. (O) Aunt;
      16. (P) Uncle;
      17. (Q) Niece;
      18. (R) Nephew;
      19. (S) Stepparent;
      20. (T) Stepchild;
      21. (U) Grandparent; and
      22. (V) Grandchild.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “6-1-97” The Americans with Disabilities Act is codified generally at 42 U.S.C. § 12101 et seq.