R986-600-652. Eligibility Requirements for Training Providers and Programs

  (1) Training providers must apply for a specific program/s, and be found eligible, to be included on the Utah Eligible Training Provider List (ETPL).

  (2) The following training providers can apply to be included in the ETPL;

  (a) post-secondary institutions,

  (b) registered apprenticeship programs,

  (c) other public or private providers of training services, or

  (d) providers of adult education and literacy activities including English as a Second Language.

  (3) Training provider requirements.

  (a) All training providers seeking initial eligibility must have been in business as a training provider and have provided training to students for at least two years.

  (b) Training providers, with the exception of government entities and basic education providers, must be registered with the Utah Division of Consumer Protection as a Post-Secondary Proprietary School. The only acceptable reasons for exemption from registration as a post-secondary proprietary school are for those schools governed by an accrediting body which oversees program instruction.

  (4) Training providers must apply for eligibility for each training program they wish to have included on the ETPL.

  (5) Training programs are defined as one or more courses or classes, or a structured regimen that leads to;

  (a) an industry recognized post-secondary credential,

  (b) employment,

  (c) high school diploma or GED, or

  (d) a measurable skill gain toward credential or employment.

  (6) Training programs can be delivered in-person, online or in a blended approach.

  (a) Online training is only eligible if it;

  (i) is part of a curriculum where lessons are assigned, completed and returned,

  (ii) requires students to interact with instructors, and

  (iii) requires students to take periodic tests.

  (b) Self-directed online training that is not instructor-led is not eligible.

  (7) Training programs must submit performance data that includes data from at least one training class that has completed and/or graduated from the program and the students have been tracked for at least 3 months after completing the program. If a training program has not operated for at least three months after the first class has graduated, the provider must submit letters verifying the need for trained employees from at least three local businesses that hire employees that need the type of training offered.

  (8) Out of state training providers that do not have a training location in Utah may apply to be on the Utah ETPL only if they maintain provider and program eligibility on the ETPL in the state where their main or corporate office is located.

  (9) Utah may enter into reciprocal agreements with other states to utilize the ETPL from those states. The agreement allows Utah clients to select a training program from another state's ETPL.

  (10) The Department will not pay for training costs that are incurred prior to the training program being found eligible.

  (11) when applying and while on the ETPL, training providers must agree to abide by the Training Provider Terms and Conditions Agreement which is provided as part of the application process.

  (12) A training provider shall not be eligible to be included on the ETPL if:

  (a) The training provider was previously removed from the ETPL due to noncompliance with these rules or is a successor to a training provider that was previously removed from the ETPL due to noncompliance with these rules, and the removal period has not expired or the conditions for reinstatement have not been met;

  (b) The training provider was previously removed from another state's ETPL due to noncompliance with that state's ETPL rules or is a successor to a provider that was previously removed from another state's ETPL due to noncompliance with that state's ETPL rules, and the training provider has not been reinstated to that state's ETPL;

  (c) The training provider lacks the required accreditation, licensing, registration, and certification to operate any program the training provider seeks to operate;

  (d) The training provider has lost its good standing status, or is a successor to a training provider that has lost its good standing status, with the Division of Consumer Protection; or

  (e) The training provider owes an overpayment to the Department or is a successor to a training provider that owes an overpayment to the Department.

  (13) Notwithstanding Subsection (12)(e) above, the Department may include on the ETPL a training provider that owes an overpayment to the Department if:

  (a) The overpayment did not result from the training provider intentionally supplying inaccurate information or substantially violating Title I of WIOA or the WIOA regulations; and

  (b) The training provider has entered into a payment plan approved by the Department and is current in making required payments on the overpayment.

  (14) For purposes of these rules, the following definitions apply:

  (a) "Acquire" means to come into possession or control of, or obtain the right to use, an asset by any legal means, including gift, lease, repossession, or purchase. For purposes of this section, "acquire" does not include a purchase of an asset through a bankruptcy proceeding if the court places restrictions on the transfer of liabilities to the purchaser.

  (b) "Asset" means any property, tangible or intangible, that has value, including but not limited to the acquisition of a business or trade name, customers, accounts receivable, intellectual property rights, goodwill, employees, or an agreement by a predecessor not to compete.

  (c) "Control" means to have the right to direct the general operations of a training provider.

  (d) "Manage" means to have the right to control or direct the day-to-day educational or training operations of a training provider.

  (e) "Substantially all" means ninety percent or more of the value of a training provider.

  (f) "Successor" means a person or entity that acquires the business or substantially all of the assets of a current or former training provider, or that is owned, managed, or controlled by the same principal(s) as a current or former training provider.