[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1386.33]



[Page 349-350]

 

                        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 350]]



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]