1999 Minnesota Statutes

     268.673 Emergency jobs program; commissioner's duties. 

    Subdivision 1. Repealed, 1Sp1985 c 14 art 9 s 78 subd 2 

    Subd. 2. Repealed, 1Sp1985 c 14 art 9 s 78 subd 2 

    Subd. 3.    Department of economic security.  The 
 commissioner shall supervise wage subsidies, comprehensive job 
 readiness, and job retention services and shall provide 
 technical assistance to counties in their delivery.  

    Subd. 4.    Enforcement.  (a) The commissioner shall 
 ensure compliance with sections 268.672 to 268.682.  

    (b) The commissioner may:  

    (1) make public or private investigations within or without 
 this state necessary to determine whether any person has 
 violated or is about to violate sections 268.672 to 268.682, a 
 contract entered into under them, or any rule or order adopted 
 under them, or to aid in the enforcement of sections 268.672 to 
 268.682 or in rules and forms adopted under them; 

    (2) require or permit any person to file a written 
 statement under oath or otherwise, as the commissioner 
 determines, as to all the facts and circumstances concerning the 
 matter being investigated; and 

    (3) hold hearings, upon reasonable notice, on any matter 
 arising out of the administration of sections 268.672 to 268.682.

    (c) The attorney general shall assign one or more assistant 
 attorneys general to the commissioner and shall conduct all 
 proceedings involving the violation of sections 268.672 to 
 268.682 and all other enforcement proceedings.  

    (d) Whenever it appears to the commissioner that any person 
 has violated a provision of sections 268.672 to 268.682, a 
 contract entered into under them, or a rule or order adopted 
 under them:  

    (1)  The commissioner may issue and cause to be served upon 
 the person an order requiring the person to cease and desist 
 from the violation.  The order must be calculated to give 
 reasonable notice of the right of the person to request a 
 hearing on it and must state the reasons for the entry of the 
 order.  A hearing must be held not later than seven days after a 
 request for the hearing is received by the commissioner, after 
 which and within 20 days of the date of the hearing the 
 commissioner shall issue a further order vacating the cease and 
 desist order or making it permanent as the facts require.  If no 
 hearing is requested within 30 days of service of the order, the 
 order becomes final and remains in effect until it is modified 
 or vacated by the commissioner.  If the person to whom a cease 
 and desist order is issued fails to appear at the hearing after 
 being duly notified, the person shall be deemed in default, and 
 the proceeding may be determined upon consideration of the cease 
 and desist order, the allegations of which may be deemed to be 
 true; 

    (2)  The commissioner may bring an action in the district 
 court of the appropriate county to enjoin the violation and to 
 enforce compliance with the provisions of sections 268.672 to 
 268.682, a contract entered into under them, or any rule or 
 order adopted under them, and the commissioner may refer the 
 matter to the attorney general.  Upon a proper showing, a 
 permanent or temporary injunction, restraining order, or writ of 
 mandamus shall be granted.  The court may not require the 
 commissioner to post a bond.  

    Any injunction proceeding under the provisions of sections 
 268.672 to 268.682 may be brought on for hearing and disposition 
 upon an order to show cause returnable upon not more than eight 
 days' notice to the defendant.  The case has precedence over 
 other cases upon the court calendar and may not be continued 
 without the consent of the state, except upon good cause shown 
 to the court, and then only for a reasonable length of time 
 necessary in the opinion of the court to protect the rights of 
 the defendant.  

    Subd. 4a.    Contracts with counties.  The commissioner 
 shall contract directly with counties, their designees, or 
 workforce service areas to deliver wage subsidies, comprehensive 
 job readiness, and job retention services if (1) each county 
 served by the designee or workforce service area agrees to the 
 contract and knows the amount of wage subsidy money, 
 comprehensive job readiness money, and job retention services 
 money allocated to the county under section 268.6751, and (2) 
 the designee or workforce service area agrees to meet regularly 
 with each county being served.  The contracts must require that 
 no more than ten percent of the contract amount be expended for 
 administration. 

    Counties and workforce service areas are encouraged to 
 designate community-based providers of comprehensive job 
 readiness and job retention services. 

    Subd. 5.    Report.  Each county delivering wage 
 subsidies, comprehensive job readiness, and job retention 
 services shall report to the commissioner on a quarterly basis: 

    (1) the number of persons placed in private sector jobs, in 
 temporary public sector jobs, or in other services; 

    (2) the outcome for each participant placed; 

    (3) the number and type of employers employing persons 
 under the program; 

    (4) the amount of money spent in each county for wages, 
 comprehensive job readiness, and job retention services for each 
 type of employment and each type of other expense; 

    (5) the age, educational experience, family status, gender, 
 priority group status, race, and work experience of each person 
 in the program; 

    (6) the amount of wages received by persons while in the 
 program and 60 days after completing the program; and 

    (7) for each classification of persons described in clause 
 (5), the outcome of the wage subsidy placement, the 
 comprehensive job readiness, and the job retention services, 
 including length of time employed; nature of employment, whether 
 private sector, temporary public sector, or other service; and 
 the hourly wages. 

    Data collected on individuals under this subdivision are 
 private data on individuals as defined in section 13.02, 
 subdivision 12, except that summary data may be provided under 
 section 13.05, subdivision 7. 

    Subd. 6. Repealed, 1997 c 200 art 3 s 19 

    HIST: 1983 c 312 art 7 s 3; 1984 c 654 art 5 s 44; 1Sp1985 c 9 
 art 2 s 80,103,105; 1Sp1985 c 14 art 9 s 50-53; 1986 c 444; 1987 
 c 403 art 2 s 134,135; 1990 c 568 art 4 s 62,63; 1994 c 483 s 1; 
 1997 c 200 art 3 s 12-14