(a) An employer may not implement a substantial modification to a shared work plan without first obtaining the written approval of the Director.
(b)(1) An employer must report, in writing, every proposed modification of the shared work plan to the Director a least 5 calendar days before implementing the proposed modification. The Director shall review the proposed modification to determine whether the modification is substantial. If the Director determines that the proposed modification is substantial, the Director shall notify the employer of the need to request a substantial modification.
(2) An employer may request a substantial modification to a shared work plan by filing a written request with the Director. The request shall identify the specific provisions of the shared work plan to be modified and provide an explanation of why the proposed modification is consistent with and supports the purposes of the shared work plan. A modification may not extend the expiration date of the shared work plan.
(c)(1) At the Director's discretion, an employer's request for a substantial modification of a shared work plan may be approved if:
(A) Conditions have changed since the plan was approved; and
(B) The Director determines that the proposed modification is consistent with and supports the purposes of the approved plan.
(2) The Director shall approve or disapprove a request for substantial modification, in writing, within 15 calendar days of receiving the request and promptly shall communicate the decision to the employer. If the request is approved, the notice of approval shall contain the effective date of the modification.