Summary
Under the Training and Workforce Improvement Act, Section 35A-5-101 et seq., the Department of Workforce Services (Department) is granted authority to apply for retraining, community assistance, and technology transfer funds made available by the federal government. Under the same Act, the Department also has specific authority to contract with eligible education and training providers to implement the state workforce services plan. Federal funds for these purposes are made available to the states through Title I the federal Workforce Innovation and Opportunity Act (WIOA), 29 U.S.C. 3101 et seq., and its accompanying regulations, 20 CFR Part 677. In compliance with these authorities, the Department maintains the ETPL, which lists all training providers eligible to receive Title I funding for vocational and similar training programs within the state. The Department has determined that several aspects of existing Department policy and practice in relation to the ETPL program should be enacted in rule in order to have the force of law for enforcement purposes. Specifically, the proposed rule formalizes the initial and continuing eligibility criteria that were previously contained solely in the "terms and conditions" between the Department and each provider. This proposed rule amendment also formalizes the Department's existing positions regarding the requirement that ETPL funds wrongly or fraudulently paid to a provider must be repaid, and the application of ETPL standards to successor training providers and contractors and subcontractors of training providers. In addition, the proposed amendment formalizes the criteria and timeframes for suspension or disqualification from the ETPL as they exist in Department policy and in compliance with 20 CFR 677. Further, the proposed amendment clarifies that training provider appeals from Department decisions may be heard by Administrative Law Judges and reviewed by the Department as part of its general administrative review process for public assistance cases. Previously, such appeals were to be heard by the State Workforce Development Board or its designee; the Board had, as a matter of practice, always designated an Administrative Law Judge within the Department to hear these appeals. The proposed amendment clarifies that this will be the official procedure for such appeals going forward. The Department has authority for this rulemaking pursuant to Section 35A-1-104.