The State agency shall submit a plan, in quadruplicate, which shall
include the following:
(a) A copy of the Act establishing the State agency, copies of the
laws administered by the State agency, and if there is an act
specifically authorizing the State to cooperate with the Division or the
Secretary of Labor, or both, a copy of such Act.
(b) A description of the organization of the State agency,
illustrated by organization charts, showing the delegation of
responsibility and lines of authority to be followed within the agency
in the enforcement of the act and State labor laws.
(c) A description: (1) Of the manner in which investigations and
inspections under the Acts will be coordinated with the investigations
and inspections for enforcement of State child-labor, maximum-hour and
minimum-wage laws and regulations; (2) of the location of offices of the
administrative division designated to make inspections under the Acts,
with the job titles of employees located in each such office and
employees assigned to work in connection with the Acts so designated;
and (3) of the manner in which the work of inspectors will be
supervised.
(d) Provisions for the establishment and maintenance of personnel
administration, with respect to personnel engaged in work under the Acts
for the Division and the Secretary of Labor in accordance with the
following standards:
(1) Job classifications based upon an analysis of the duties and
responsibilities of positions;
(2) A compensation schedule adjusted to State salary schedules for
similar positions: Provided, however, That all salaries paid by the
State for services rendered in accordance with an agreement entered into
pursuant to Sec. 515.2 shall be on the basis of applicable State laws or
regulations, or in the absence of such applicable laws or regulations,
on the approved and usual scale pair by the State for similar services
and shall in no case exceed salaries paid for comparable Federal
positions in the competitive classified service. Allowances for
necessary traveling expenses shall be on the basis of State laws and
regulations governing travel allowances;
(3) Assignment of personnel to Federal work only when their
qualifications conform substantially with qualifications of Federal
employees engaged in similar work, such assignment to be made only after
submission to and approval by the Division and the Secretary of Labor of
a statement of the training and experience of each person who will
engage in Federal work;
(4) Appointment of new personnel on the basis of merit, either (i)
from lists of eligible persons certified in the order of merit, secured
under a merit system through State-wide competitive examinations which
prescribe requirements of training and experience in substantial
conformity with Federal civil service requirements for similar positions
or (ii) from lists taken from Federal registers established through
competitive examinations for similar positions, it being understood that
such registers may be broken down by States;
(5) Adequate training of staff;
(6) Promotion on the basis of qualifications and performance;
(7) Security of tenure assured satisfactory employees, including
right of notice and hearing prior to demotion or dismissal;
(8) Prohibition against employees engaging in political activities
other than the exercise of their right to vote and to express privately
their opinions on political questions.
(e) A budget which shall show, in detail, estimated expenditures by
the State agency on behalf of the Division and the Secretary of Labor
for services to be rendered in connection with the administration of the
Acts and a budget which shall show estimated expenditure for the
enforcement of comparable State laws and regulations during the period
covered by the agreement; a statement showing funds appropriated to or
allocated for meeting the budget for estimated State expenditures; and a
statement showing expenditures by the State agency for the enforcement
of comparable State laws and regulations during the last fiscal year.
(f) A statement of State requirements in regard to fiscal practices
and to appointment of personnel, together with copies of the laws and
regulations setting forth such requirements.
(g) A statement from the Attorney General of the State or, if the
Attorney General is not authorized to make such a statement, from the
State official who is so authorized certifying that the State agency has
authority to enter into an Agreement with the Division and the Secretary
of Labor in accordance with this part.
