[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR632.77]

[Page 294-295]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 632--INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS--Table of Contents
 
                Subpart E--Program Design and Management
 
Sec. 632.77  Participant eligibility determination.

    (a) Each Native American grantee, and any subgrantees or contractors 
assigned responsibility for the determination of participant 
eligibility, shall be responsible for developing and maintaining a 
system which reasonably ensures an accurate determination and subsequent 
verification of eligibility based on the information presented at the 
time of application.
    (b) The ultimate responsibility for the selection of participants 
and the maintenance of participant records rests with the Native 
American grantee. However, the Native American grantee may assign the 
administration of this responsibility to subgrantees of contractors. The 
selected agency must provide adequate documentation of each 
participant's eligibility and retain in the participant's folder the 
information on which this determination is based.
    (c) The eligibility determination shall be based upon a signed, 
completed, application form which records all information necessary to 
determine eligibility, which attests that the information on the 
application is true to the best of the applicant's knowledge and 
acknowledging that such information is subject to verification and that 
falsification of the application shall be grounds for the participant's 
termination and may subject the applicant to prosecution under law. In 
the case of an applicant who is a minor (except minors who are 
emancipated or heads of households), the signature of the parent, 
responsibile adult or guardian is also required.
    (d) Native American grantees shall maintain documentation to ensure 
the credibility of the eligibility determination, which shall at a 
minimum:
    (1) Include a completed application for participation;
    (2) Include records of all actions taken to correct deficiencies in 
the eligibility determination procedures; and
    (3) Show compliance with section 504 of the Act.
    (e) A participant determined to be ineligible shall immediately be 
terminated.
    (f) A Native American grantee may enter into an agreement with a 
State employment security agency (SESA) or other independent agency or 
organization as may be approved by the Department, for the verification 
of applicant eligibility within 45 days of enrollment. The Native 
American grantee shall monitor such verification procedures to ensure 
that erroneous verifications are not made deliberately or with 
insufficient care.
    (g) Participants may be transferred from one JTPA program to 
another, from one Native American grantee to another, from a Native 
American grantee to a SDA grant recipient, from a SDA grant recipient to 
a Native American grantee, or concurrently enrolled in programs 
sponsored by Native American grantees or SDA grant recipients, provided, 
except for age requirements, they were eligible for the subsequent or 
concurrent program when they were first enrolled.
    (h) Eligibility determinations for each program shall be made at the 
time of application. Applicants determined eligible may be enrolled as 
participants within 45 days of the date of the application without an 
update of the information on the application provided they did not 
obtain full-time permanent unsubsidized employment in the interim. This 
provision does not appy to the title II-B program.
    (i) Aliens described in section 167(a)(5) of the Act and who 
otherwise

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meet the eligibility requirements for programs under this part, may 
participate in a program if this is permitted by Indian law or the 
Native American grantee.