Section 408.777. Wage deviation certificate; application; specifications; duration; issuance and denial; amendment.

Rule 7. (1) An application for a wage deviation certificate shall be filed by a rehabilitation facility or by a private sector employer seeking to pay a deviated wage rate to handicapped workers  not  covered   under section 14(c) of the fair labor standards act of 1938, as amended, 29 U.S.C. 214. A unit of rehabilitation facility having an identifiable program which operates at a different location under separate supervision shall file applications separately.

(2)   A certificate shall specify the terms and conditions under which it is granted.

(3)   A certificate shall take effect on the date issued and shall be effective for 12 months. Handicapped workers may be paid a deviated wage rate only during the effective period of the certificate.

(4)   If a certificate is issued by the director, a copy shall be sent to the rehabilitation facility or private sector employer. If  denied,  the applicant shall be notified in writing of the denial and the reasons for the denial and  of   the  appeal  rights   provided  for  in R 408.784 and R 408.785.

(5)     The terms of a certificate may be amended upon written request from a rehabilitation facility or private sector employer  and  subsequent approval by the director.

History: 1983 AACS.