No. 28861 (Amendment): R994-403-202. Qualifying Elements for Approval of Training

DAR File No.: 28861
Filed: 06/30/2006, 10:57
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for the change is to change the requirements for Department approval to reflect standards for training programs funded by the Department.

 

Summary of the rule or change:

The current rule lists nine elements to be considered in approving a training deferral. Two of those are: repeated unemployment and no employment history at or above minimum wage. The Department serves clients who do not meet those two requirements but who are receiving training assistance because the client's employment history is at wages insufficient to support his or her family. If that client meets the requirements for training assistance from the other programs administered by the Department, this proposed amendment will allow that to be considered in determining eligibility for a training deferral.

 

State statutory or constitutional authorization for this rule:

Subsections 35A-1-104(4) and 35A-4-502(1)(b)

 

Anticipated cost or savings to:

the state budget:

This is a federally-funded program so there are no costs or savings to the state budget.

 

local governments:

This is a federally-funded program so there are no costs or savings to local government.

 

other persons:

There are no costs or savings to any other persons as there are no fees associated with this program and it is federally funded. It is not anticipated that this will result in increased employer tax rates because so few people will qualify under this proposed amendment.

 

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. Tani Downing, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Unemployment Insurance
140 E 300 S
SALT LAKE CITY UT 84111-2333

 

Direct questions regarding this rule to:

Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/14/2006

 

This rule may become effective on:

08/22/2006

 

Authorized by:

Tani Downing, Executive Director

 

 

RULE TEXT

R994. Workforce Services, Unemployment Insurance.

R994-403. Claim for Benefits.

R994-403-202. Qualifying Elements for Approval of Training.

All of the following nine elements must be satisfied for a claimant to qualify for Department approval of training. Some of these elements will be waived or modified when required by state or federal law for specific training programs.

(1) The claimant's unemployment is chronic or persistent, or likely to be chronic or persistent, due to any one of the following three circumstances:

(a) A lack of basic work skills. A lack of basic work skills may not be established unless a claimant:

(i)(A) has a history of repeated unemployment attributable to lack of skills[;

(ii) ] and has no recent history of employment earning a wage substantially above the federal minimum wage[;] or

(B) qualifies for Department sponsored training because the claimant meets the eligibility requirements for public assistance;

(ii[i]) has had no formal training in occupational skills;

(i[v]ii) does not have skills developed over an extended period of time by training or experience; and

(iv) does not have a marketable degree from an institution of higher learning; or

(b) a change in the marketability of the claimant's skills has resulted due to new technology, or major reductions within an industry; or

(c) inability to continue working in occupations using the claimant's skills due to a verifiable, permanent physical or emotional disability,

(2) a claimant must have a reasonable expectation for success as demonstrated by:

(a) an aptitude for and interest in the work the claimant is being trained to perform, or course of study the claimant is pursuing; and

(b) sufficient time and financial resources to complete the training.

(3) The training is provided by an institution approved by the Department.

(4) The training is not available except in school. For example, on-the-job training is not available to the claimant.

(5) The length of time required to complete the training should generally not extend beyond 18 months.

(6) The training should generally be vocationally oriented unless the claimant has no more than two terms, quarters, semesters, or similar periods of academic training necessary to obtain a degree.

(7) There is a reasonable expectation of employment following completion of the training. Reasonable expectation means the claimant will find a job using the skills and education acquired while in training pursuant to a fair and objective projection of job market conditions expected to exist at the time of completion of the training.

(8) A claimant did not leave work to attend school even if the employer required the training for advancement or as a condition of continuing employment.

(9) The schooling is full-time, as defined by the training facility.

 

KEY: filing deadlines, registration, student eligibility, unemployment compensation

Date of Enactment or Last Substantive Amendment: [September 29, 2005]2006

Notice of Continuation: June 27, 2002

Authorizing, and Implemented or Interpreted Law: 35A-4-403(1)