| 3. Is able and available for work. He The individual is |
able to work and is available for full-time work at his the |
individual's usual or customary trade, occupation, profession |
or business or in such other trade, occupation, profession or |
business for which his the individual's prior training or |
experience shows him the individual to be fitted or qualified; |
and in addition to having complied with subsection 2 is |
himself actively seeking work in accordance with the |
regulations of the commission; provided that no ineligibility |
may be found solely because the claimant is unable to accept |
employment on a shift, the greater part of which falls between |
the hours of midnight to 5 a.m., and is unavailable for that |
employment because of parental obligation, the need to care |
for an immediate family member, or the unavailability of a |
personal care attendant required to assist the unemployed |
individual who is a handicapped person; and provided that an |
unemployed individual who is neither able nor available for |
work due to good cause as determined by the deputy shall be is |
eligible to receive prorated benefits for that portion of the |
week during which he the individual was able and available; |
except that, beginning January 1, 2004 an individual who is |
not available for full-time work as required in this |
subsection is not disqualified from receiving benefits if the |
person is available for part-time work, in accordance with |
rules adopted by the Department of Labor.__Rules adopted to |
implement this subsection are routine technical rules as |
defined in Title 5, chapter 375, subchapter 2-A; |