[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1386.33]

[Page 399-400]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1386--FORMULA GRANT PROGRAMS--Table of Contents
 
   Subpart C--Federal Assistance to State Developmental Disabilities 
                                Councils
 
Sec. 1386.33  Protection of employee's interests.

    (a) Based on section 122(c)(5)(K) of the Act (42 U.S.C. 
6022(c)(5)(K), the

[[Page 400]]

State plan must assure fair and equitable arrangements to protect the 
interest of all institutional employees affected by actions under the 
plan to provide community living activities. Specific arrangements for 
the protection of affected employees must be developed through 
negotiations between the appropriate State authorities and employees or 
their representatives. Fair and equitable arrangements must include 
procedures that provide for the impartial resolution of disputes between 
the State and an employee concerning the interpretation, application, 
and enforcement of protection arrangements. The State must inform 
employees of the State's decision to provide for community living 
activities.
    (b) To the maximum extent practicable, fair and equitable 
arrangements must include provisions for:
    (1) The preservation of rights and benefits;
    (2) Guaranteeing employment to employees affected by action under 
the plan to provide alternative community living arrangements; and
    (3) Employee training and retraining programs.

(Approved by the Office of Management and Budget under control number 
0980-0162)

[49 FR 11779, Mar. 27, 1984, as amended at 52 FR 44847, Nov. 20, 1987; 
54 FR 47985, Nov. 20, 1989; 61 FR 51160, Sept. 30, 1996]