These regulations set forth the policies and procedures for employers and applicants seeking to use the Maryland Job Service. Job Service shall operate a labor exchange system that has the capacity to: Assist job seekers in finding employment; Assist employers in filling jobs; Facilitate the match between job seekers and employers; Participate in a system for clearing labor among the states, including the use of standardized classification systems issued by the Secretary of the U.S. Department of Labor; Meet the work test requirements of the Unemployment Insurance Law; and Meet other requirements arising from changes in legislation or regulations. In this chapter, the following terms have the meanings indicated. Terms Defined. “Applicant” means an individual who applies for Job Service services. “Complaint” means an allegation made or referred to Job Service of a violation of the federal Job Service regulations or other federal, State, or local employment-related law. “Department” means the Maryland Department of Labor. “Employer” means a person or entity that: Currently has a location within the United States to which U.S. workers and alien workers with valid work permits may be referred for employment; Proposes to employ a worker; and Has an employer relationship with respect to employees as indicated by the fact that it hires, pays, fires, supervises, and otherwise controls the work of the employee. “Job Service” means the Maryland Job Service, a program of the Office of Employment Services within the Department. “Public employment office” means an office of the Department maintained for the purpose of providing placement and other services of the public employment service system. “Secretary” means the Secretary of Labor or the Secretary's designee. The Job Service shall be administered in accordance with the Wagner-Peyser Act, 29 U.S.C. §49, regulations adopted by the United States Employment Service, and the Labor and Employment Article, §8-803, Annotated Code of Maryland. Job Order. An employer may place a job order with Job Service. A job order is a single request for referral of one or more applicants to fill one or more job openings in a single occupational classification. The job order shall provide sufficient information to describe the job. Pursuant to 20 CFR §652.8(j) and COMAR 01.01.1988.05, Job Service shall fill all job orders on a nondiscriminatory basis, and shall decline any job order carrying a specification or limitation as to political or religious opinion or affiliation, marital status, race, color, creed, or national origin, or as to sex or age, unless sex or age constitutes a bona fide occupational qualification, or as to the physical or mental disability of a qualified individual with a disability. Pursuant to 20 CFR §652.8(j), Job Service shall accept and attempt to accommodate employers' valid affirmative action requests in job orders by referring a significant number of qualified applicants from the target groups. Applicant. An individual may become a Job Service applicant by applying to Job Service. Job Referral. Job Service staff shall review the applicant's completed application to assess the applicant's qualifications. When appropriate, Job Service shall attempt to match the applicant's qualification with the specifications set forth in a job order or otherwise attempt to develop a job opportunity for the applicant. Job Service may refer one or more applicants to an employer in response to a job order. If an applicant fails to appear for three scheduled appointments with employers within a 12-month period, Job Service may refuse to refer the applicant for 1 year following the third missed appointment. Applicants exhibiting disruptive behavior at a public employment office on a given day may not be referred to an employer that day. No Guarantees. Neither the United States Department of Labor nor the Maryland Department of Labor guarantees the truthfulness or accuracy of information obtained from employers or applicants. Suitable Employment. The work test necessary to determine whether suitable work is available to an unemployment insurance claimant shall be performed by either Job Service staff, or another employee of the Department designated by the manager of the public employment office serving the claimant. The following factors shall be considered in making the determination if suitable work is available to a claimant: Claimant's skills; Claimant's training; Claimant's experience; Claimant's capabilities; Claimant's prior earnings; Claimant's length of unemployment; Claimant's prospects for securing customary occupation in the local area; The distance of available work from claimant's residence; Wages, hours, or other conditions of the work offered are substantially less favorable than those prevailing for similar work in the locality; The position offered is vacant due directly to a strike, lockout, or other labor dispute; As a condition of being employed, the individual will be required to forfeit rights secured by the National Labor Relations Act; and Any other factors that the Secretary determines are relevant. Approved Training. Job Service shall determine whether an employment-related training program is approved for the purposes of granting a work search waiver to unemployment insurance claimants. Job Service shall consider the following factors in determining whether to approve a training program: Whether the prospects for the claimant's employment in the occupation for which the claimant has existing training and experience are minimal; Whether the training program will prepare the claimant for employment in a career in which there are job opportunities; Whether participating in the training program will effectively prevent the claimant from conducting work search or employment activities during the claimant's normal work hours; Whether the claimant could reasonably be required to attend a similar training program at times that would not conflict with the claimant's normal work hours; Whether the claimant has been accepted into the training program; and Any other factors that the Secretary determines are relevant. A work search exemption may not be granted for: A self-study program that does not require on-premises attendance; A program not accredited by or approved by the appropriate authority, unless the program lasts 13 weeks or less and the training is in a field for which there are jobs in the local labor market; or Education leading to a college or post-college degree, unless the claimant will attain the degree in 26 weeks or less and the training is in a field for which there are jobs in the local labor market. A claimant who is granted a work search waiver due to participation in approved training shall submit each week attendance and progress reports on Department forms. A claimant who fails to attend training or to submit the required forms shall have the work search exemption withdrawn. Job Service may not charge a referral fee to individuals who seek employment. Job Service may not charge a fee to employers for placing job orders. Job Service may charge a fee to employers requesting special services such as interviewing, screening, or training applicants at a location other than a public employment office. Complaints. Both of the following types of complaints shall be made and processed in accordance with the Job Service Complaint System described in 20 CFR §§658.400—658.418: Complaints that are made against an employer about the specific job to which the applicant was referred by Job Service and that allege a violation of employment-related law or of the terms and conditions of the job order; and Complaints about Job Service actions or omissions. Hearings. The Office of Administrative Hearings shall hold the Job Service Complaint System hearings as required in 29 CFR §658.417, using the procedures set forth in COMAR Title 28. Complaints alleging discrimination shall be filed and processed according to the procedures in 29 CFR 31 and 32. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with relevant State or federal law. Labor and Employment Article, §§8-303 and 8-305, Annotated Code of Maryland Effective date: February 4, 1976 (3:3 Md. R. 149) (Transferred from Department of Human Services to Department of Employment and Training, effective October 1, 1983; recodified from COMAR 07.05.02 to 24.03.01) Regulations .01—.04, Job Service Bank System, repealed and Regulations .01—.09, Job Service, adopted effective August 3, 1992 (19:15 Md. R. 1393) Regulation .06B amended effective December 21, 1992 (19:25 Md. R. 2208) Chapter recodified from COMAR 24.03.01 to COMAR 09.33.01, May 1996