reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4431 - Public Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 8-19-91; operative 8-19-91 (Register 92, No. 1).
2.
							 Repealer filed 8-9-2006; operative 9-8-2006 (Register 2006, No.
							 32).
Note: Authority cited: Section
								10205(k),
								Unemployment Insurance Code. Reference: Section
								10205(k),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4432 - Incompatibility. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 4-12-91; operative 4-12-91 pursuant to Government Code section
							 11346.2(d)
							 (Register 91, No. 18).
2. Repealer filed 7-18-2007; operative
							 8-17-2007 (Register 2007, No. 29).
Note: Authority cited: Section
								10205(k),
								Unemployment Insurance Code. Reference: The People ex. rel. Chapman v. Rapsey
								(1940) 16 Cal.2d 636.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4433 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4440.1 - Advances. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 4-12-91; operative 4-12-91 pursuant to Government Code section
							 11346.2(d)
							 (Register 91, No. 18).
2. Amendment of subsections (c), (g) and NOTE
							 filed 12-1-95; operative 12-1-95 pursuant to Government Code section
							 11343.4(d)
							 (Register 95, No. 48).
3. Repealer filed 10-23-2007; operative
							 11-22-2007 (Register 2007, No. 43).
Note: Authority cited: Section
								10205(k),
								Unemployment Insurance Code. Reference: Section
								10206(a),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4440.2 - Progress Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Progress payments may be negotiated and authorized during the course of
						  operation to assist in off setting the costs incurred in the delivery of the
						  training plan. Progress payments shall not be authorized for more than 75
						  percent of the cost per trainee. Twenty-five percent shall be withheld until
						  the trainee has been retained in employment for the specified
						  employment-retention period following training.
(b) When permitted by the Panel, progress
						  payments shall be specified in the payment schedule of the contract and shall
						  be authorized no more than once per month.
(c) Progress payments shall be made as
						  specified in the Agreement when accompanied by an invoice and the appropriate
						  documentation substantiating the completion of the performance
						  requirements.
(d) Progress payments
						  and the final payment may be suspended at the sole discretion of the Employment
						  Training Panel if the Panel finds that the contractor is out of compliance with
						  the terms and conditions of the Agreement. The Contractor shall be given
						  written notice for the reason for the suspension of payment. The contractor
						  must correct any deficiency which was the reason for the suspension of payment
						  before the suspension of payment of funds will be revoked.
1. New
							 section filed 4-12-91; operative 4-12-91 pursuant to Government Code section
							 11346.2(d)
							 (Register 91, No. 18).
2. Repealer of subsections (c)-(d) and
							 subsection relettering filed 12-1-95; operative 12-1-95 pursuant to Government
							 Code section
							 11343.4(d)
							 (Register 95, No. 48).
3. Amendment of subsection (b), new
							 subsection (d) and amendment of NOTE filed 7-19-96; operative 7-19-96 pursuant
							 to Government Code section
							 11343.4(d)
							 (Register 96, No. 29).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Section
								10209(f),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4440.3 - Term Date and Start of Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The term of an ETP Agreement cannot begin
						  prior to the date of Panel approval.
(b) The Contractor shall not be reimbursed
						  for the cost of training that starts prior to the term of the ETP Agreement. If
						  the Contractor starts training before the ETP Agreement has been signed by both
						  parties, it must nevertheless adhere to the terms and conditions set forth in
						  the proposed ETP Agreement along with any terms or conditions imposed by the
						  Panel and agreed to by the Contractor's representative at the time of Panel
						  approval.
1. New
							 section filed 12-1-95; operative 12-1-95 pursuant to Government Code section
							 11343.4(d)
							 (Register 95, No. 48).
2. Amendment of section and NOTE filed
							 5-18-98; operative 5-18-98 pursuant to Government Code section
							 11343.4(d)
							 (Register 98, No. 21).
3. Amendment of section heading, section and
							 NOTE filed 6-28-2006; operative 7-28-2006 (Register 2006, No.
							 26).
Note: Authority cited: Section
								10205(m),
								Unemployment Insurance Code. Reference: Section
								10209(c),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4441 - Retraining Certification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 4-12-91; operative 4-12-91 pursuant to Government Code section
							 11346.2(d)
							 (Register 91, No. 18).
2. Amendment of section heading, section and
							 NOTE filed 4-14-95; operative 4-14-95 pursuant to Government Code section
							 11343.4(d)
							 (Register 95, No. 15).
3. Repealer and new section and amendment of
							 NOTE filed 12-4-97; operative 12-4-97 pursuant to Government Code section
							 11343.4(d)
							 (Register 97, No. 49).
4. Repealer filed 7-18-2007; operative
							 8-17-2007 (Register 2007, No. 29).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Sections
								10200,
								10201(b)(2)(A),
								10201(g),
								10205(e) and
								10214.5(a),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4441.5 - Training Schedule. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 5-18-98; operative 5-18-98 pursuant to Government Code section
							 11343.4(d)
							 (Register 98, No. 21).
2. Repealer filed 3-12-2007; operative
							 4-11-2007 (Register 2007, No. 11).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Section
								10205(c),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4442 - Record Keeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Contractors shall maintain and make available:
(1) records that clearly document all aspects
						  of training and retention related to the training program;
(2) applicable financial records which
						  document funds received and disbursed, and
(3) payroll and personnel records related to
						  the ETP training agreement.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4442.1 - Make-up Training. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 12-4-97; operative 12-4-97 pursuant to Government Code section
							 11343.4(d)
							 (Register 97, No. 49).
2. Repealer filed 9-2-2005; operative
							 10-2-2005 (Register 2005, No. 35).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Section
								10200(a),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4442.2 - Record Keeping Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Panel may modify the record keeping requirements
							 of 22 CCR
							 Sections 4442 and
							 4442.1 if necessitated by the
							 contractor's current, established record keeping practices, provided that the
							 modified record keeping practices will properly substantiate the delivery of
							 training, placement and retention as required in the agreement, and the
							 modified record keeping practices can be audited by the Panel. Any such record
							 keeping modifications agreed to by ETP and Contractor shall be incorporated
							 into the agreement.
1. New
							 section filed 12-20-99 as an emergency; operative 12-20-99 (Register 99, No.
							 52). A Certificate of Compliance must be transmitted to OAL by 4-18-2000 or
							 emergency language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 12-20-99 order transmitted
							 to OAL 4-5-2000 and filed 5-15-2000 (Register 2000, No.
							 20).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Section
								10205(f),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4443 - Monitoring

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Panel staff
						  shall schedule periodic on-site visits to the contractor's place of business or
						  the location of the training program funded by the panel for the purpose of
						  reviewing training activities for compliance with the specifications outlined
						  in the agreement. During the visit, the monitor shall do any or all of the
						  following:
(1) review the number of trainees
						  entering, progressing through, or completing training and/or the retention
						  period;
(2) for new hire training
						  programs, determine if appropriate placement services are being provided to
						  successful training completers as required by the contract;
(3) review the training schedule;
(4) review the curricula;
(5) observe classroom, laboratory, and/or
						  structured, on-site training in session;
(6) assure that budgeted and required
						  training staff, equipment, supplies and materials are available;
(7) interview trainers and
						  trainees;
(8) review record keeping
						  and daily documentation of training;
(9) review invoices;
(10) review subagreements and determine if
						  all specified services are being delivered as provided for in the contract;
						  and
(11) determine if the agreement
						  and any subsequent amendments have been executed by the
						  state.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4444 - Project Review. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 4-12-91; operative 4-12-91 pursuant to Government Code section
							 11346.2(d)
							 (Register 91, No. 18).
2. Repealer filed 9-2-2005; operative
							 10-2-2005 (Register 2005, No. 35).
Note: Authority cited: Section
								10205(k),
								Unemployment Insurance Code. Reference: Section
								10205(f),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4445 - Contract Performance and Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contractors cannot earn payment within
						  the meaning of Section
						  4400(r) until the
						  effective date of the contract.
(b)
						  The Panel shall not approve contract amendments after the term has
						  ended.
(c) The Panel will consider
						  a contractor's prior and ongoing performance on any prior contract(s) when
						  considering whether to approve a new contract, or the amendment of an existing
						  contract. The Panel will review performance using the following non-inclusive
						  criteria:
(1) Percentage of encumbered funds
						  earned by contractor;
(2)
						  Percentage of trainees retained in employment;
(3) Percentage of trainees enrolled under
						  contract;
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4445.1 - Termination Procedures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 12-4-97; operative 12-4-97 pursuant to Government Code section
							 11343.4(d)
							 (Register 97, No. 49).
2. Repealer filed 11-28-2006; operative
							 12-28-2006 (Register 2006, No. 48).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Sections
								10206(a)
								and
								10209(f),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4446 - Disencumbering Unearned Funds. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 4-12-91; operative 4-12-91 pursuant to Government Code section
							 11346.2(d)
							 (Register 91, No. 18).
2. Repealer filed 11-28-2006; operative
							 12-28-2006 (Register 2006, No. 48).
Note: Authority cited: Section
								10205(k),
								Unemployment Insurance Code. Reference: Section
								10205(k),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4446.5 - Contractor Relocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  A single-employer contractor (Contractor) that moves a facility at which
						  training was provided to a location out-of-state, within the term of the
						  Employment Training Panel Agreement and up to three years from its termination,
						  may be required to return payment earned under the Agreement.
(b) A Contractor that transfers jobs for
						  which training was provided to a location out-of-state, within the term of the
						  Employment Training Panel Agreement and up to three years from its termination,
						  may be required to return payment earned under the Agreement.
(c) A Contractor that ceases business
						  operations at a facility at which training was provided, within the term of the
						  Employment Training Panel Agreement and up to three years from its termination,
						  may be required to return payment earned under the Agreement.
(d) The requirement to return payment earned
						  under this regulation may be imposed by the Panel at its discretion, on a
						  case-by-case basis.
(e) In
						  exercising its discretion the Panel shall consider, as mitigating factors,
						  whether the Contractor made efforts to minimize the State's loss of
						  jobs/skills, or to reduce the financial burden on affected employees. Examples
						  of such efforts include, but are not limited to:
(1) offering job transfers to another
						  facility operating in California,
(2) providing job-search and placement
						  assistance,
(3) providing
						  transitional health benefits, severance pay or incentives for early
						  retirement.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4447 - Unearned Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All unearned payments shall be returned to the panel
							 no later than 75 days after the termination date of the contract with interest
							 calculated at the adjusted annual rate pursuant to section
							 19521,
							 Revenue and Taxation Code.
Said interest shall be payable on all funds returned
							 to the Panel under the provisions of this section from the first day of the
							 month following the date they were received from the panel. This includes
							 interest on unearned payments resulting from fiscal closeout and
							 audit.
1. New
							 section filed 4-12-91; operative 4-12-91 pursuant to Government Code section
							 11346.2(d)
							 (Register 91, No. 18).
2. Amendment of section heading, section and
							 NOTE filed 2-15-2011; operative 3-17-2011 (Register 2011, No.
							 7).
Note: Authority cited: Section
								10205(m),
								Unemployment Insurance Code. Reference: Section
								10205(k),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4448 - Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To ensure the
						  provision of adequate fiscal and accounting controls, the Panel shall conduct
						  annual performance-based audits of a selected sample of training projects
						  funded by the Panel in any fiscal year. The auditor shall have sole discretion
						  in selecting the sample and the criteria for selection may vary from one fiscal
						  year to another.
(1) These audits shall be
						  designed to provide reasonable assurance that the performance objectives of the
						  training contract have been met. The auditor will test records, documents and
						  other evidence that would support the final training cost reimbursement under
						  the contract. At a minimum, the auditor will test for compliance with the
						  following performance objectives: certification of eligibility, enrollment,
						  completed class or lab presentation, training attendance, job placement and
						  retention at the minimum wage specified in the contract.
(2) These audits shall be performed in
						  accordance with the generally accepted government auditing standards that apply
						  to professional judgment of auditors and performance audits set forth in the
						  Government Auditing Standards, 2003 Revision (GAGAS). This publication is
						  issued by the General Accounting Office, and may be viewed free of charge at
www.gao.gov
and is hereby incorporated by
						  reference.
(3) A peer review of
						  Panel audits should be conducted at least every three years by an independent
						  third party, such as the Bureau of State Audits.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4449 - Collection Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Overpayment. Reconciliation and audit unit staff of the panel shall notify the
						  contractor by demand letter that an overpayment exists, and such notification
						  shall include the panel contractor billing. The demand letter shall be sent by
						  certified mail, return receipt requested, and request payment in full within 30
						  days of date of mailing of the letter. If payment is not received within 30
						  days, a second notice of overpayment shall be sent to the contractor requesting
						  payment in full within five days. If payment is not received within five days,
						  panel staff shall prepare a final notice requesting payment within five
						  days.
(b) Nonpayment. If payment is
						  not received within five days of the final notice and no appeal is filed to
						  extend the appeal period, the matter shall be referred to the panel's general
						  counsel for action.
(c) Overdue
						  accounts; installment payments.
(1) The panel
						  may authorize liquidation of a debt by use of installment payments when
						  necessary. Panel acceptance of an installment proposal shall be restricted to
						  cases of unusual circumstances.
(2)
						  Such proposals shall provide a payment schedule that will liquidate the
						  liability at the earliest possible time. The debtor shall show the reason for
						  an installment plan and its financial ability to remain solvent during the
						  pay-back period. The panel may require an audited financial statement from the
						  contractor.
(3) The panel may
						  require a judgment and lien for each installment proposal approved by the
						  panel.
(4) The panel may consider
						  other methods of liquidating the account as approved by the appropriate state
						  agency (i.e., the Attorney General).
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4450 - Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
						  interested person may appeal any final adverse decision made on behalf of the
						  Panel where said decision is communicated in writing. Appeals must be submitted
						  in writing to the Executive Director at the Employment Training Panel in
						  Sacramento.
(b) There are two
						  levels of appeal before the Panel. The first level must be exhausted before
						  proceeding to the second.
(1) The first level
						  of appeal is to the Executive Director, and must be submitted within 30 days of
						  receipt of the final adverse decision. This appeal will not be accepted by the
						  Executive Director unless it includes a statement setting forth the issues and
						  facts in dispute. Any documents or other writings that support the appeal
						  should be forwarded with this statement. The Executive Director will issue a
						  written determination within 60 days of receiving said appeal.
(2) The second level of appeal is to the
						  Panel, and must be submitted within 10 days of receipt of the Executive
						  Director's determination. This appeal should include a statement setting forth
						  the appellant's argument as to why that determination should be reversed by the
						  Panel, and forwarding any supporting documents or other writings that were not
						  provided at the first level of appeal to the Executive Director. If the Panel
						  accepts the appeal and chooses to conduct a hearing, it may accept sworn
						  witness testimony on the record.
(A) The Panel
						  must take one of the following actions within 45 days of receipt of a
						  second-level appeal:
(1) Refuse to hear the
						  matter, giving the appellant written reasons for the denial; or
(2) Conduct a hearing on a
						  regularly-scheduled meeting date; or
(3) Delegate the authority to conduct a
						  hearing to a subcommittee of one or more Panel members, or to an Administrative
						  Law Judge with the Office of Administrative Hearings.
(B) The Panel or its designee may take action
						  to adopt any of the administrative adjudication provisions of the
						  Administrative Procedures Act at Government Code Section
						  11370
et seq.
, for the purpose of formulating and issuing its
						  decision. Said action may take place at the hearing, or in preliminary
						  proceedings.
(C) Upon completion of
						  the hearing, the record will be closed and the Panel will issue a final ruling.
						  The ruling may be based on a recommendation from the hearing designee. The
						  ruling shall be issued in a writing served simultaneously on the appellant and
						  ETP, within 60 days of the record closure.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 4 - PROGRAM OPERATIONS › Section 4451 - Alternative Funding Source

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Panel may allocate available funds
						  from a source other than the Employment Training Tax for an Alternative Funding
						  Source training program, consistent with the program goals of the source and
						  the best judgment of the Panel.
(b)
						  The Panel will follow the definitions and program requirements set forth in
						  Title 22, California Code of Regulations Section
						  4400
et seq.
as
						  may be applicable to an Alternative Funding Source training program, consistent
						  with subsection (a).
(c) The Panel
						  will follow the performance standards set forth in Section
						  10200 et seq. of the Unemployment
						  Insurance Code for an Alternative Funding Source training program, except the
						  Panel may modify said standards on a case-by-case basis consistent with
						  subsection (a).
(d) The Panel shall
						  issue guidelines for each Alternative Funding Source training program to
						  reflect possible modifications from core program requirements, consistent with
						  subsections (a) through (c).
(e) It
						  is the Panel's intent that each Alternative Funding Source project result in
						  new or upgraded skills for incumbent-worker trainees and in full-time
						  employment for all new-hire trainees.
(f) The Panel will identify industries and
						  occupations that are priorities for funding under an Alternative Funding Source
						  program, in its annual Strategic Plan.
1. New
							 section filed 2-15-2011; operative 3-17-2011 (Register 2011, No.
							 7).
Note: Authority cited: Section
								10205(m),
								Unemployment Insurance Code. Reference: Sections
								10200,
								10205
								and
								10214.6,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 2 - JOB TRAINING PARTNERSHIP ACT COMPLAINTS › Article 2 - SERVICE DELIVERY AREA COMPLAINT PROCEDURES › Section 4502-1 - Notice to Affected Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each service delivery area shall develop local
							 procedures for resolution of JTPA policy and audit complaints. Local procedures
							 shall comply with the requirements of Sections
							 4502-1 through
							 4502-5.
(a) When each participant enrolls in the JTPA
						  program, the service delivery area shall provide the participant with a written
						  description of the local policy complaint procedure. This description shall
						  include:
(1) Notification that the
						  participant has the right to file a policy complaint at any time within one
						  calendar year after the occurrence of an event.
(2) Instructions and timelines for filing a
						  policy complaint; and
(3)
						  Notification that the participant has the right to receive technical assistance
						  from the service delivery area to file a policy complaint.
The service delivery area shall modify the notice and
							 send a new copy to all participants whenever procedures are changed. The
							 service delivery area shall place a copy of the written description of the
							 local policy complaint procedure and the participant's acknowledgment of
							 receipt in each participant's file.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 2 - JOB TRAINING PARTNERSHIP ACT COMPLAINTS › Article 2 - SERVICE DELIVERY AREA COMPLAINT PROCEDURES › Section 4502-2 - Form and Filing of Complaints

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The service delivery area shall provide
						  technical assistance to complainants, including those whose complaint is
						  against the service delivery area. Such technical assistance includes providing
						  instructions on how to file a complaint, providing copies of documents such as
						  the JTPA, the state and federal JTPA regulations, service delivery area
						  procedures, and contracts.
(b) The
						  official filing date of the complaint shall be the date the written complaint
						  is received by the service delivery area or its service providers. The filing
						  of the complaint shall be considered a request for a hearing and the service
						  delivery area shall issue a decision within 60 days of the filing of the
						  complaint. The complaint shall be in writing, signed and dated. The service
						  delivery area shall obtain the following information for all complaints:
(1) Full name, telephone number, and mailing
						  address of the complainant;
(2)
						  Full name, telephone number, and mailing address of the respondent;
(3) A clear and concise statement of the
						  facts and dates describing the alleged violation;
(4) The provisions of the JTPA, the JTPA
						  regulations, grant or other agreements under the JTPA, believed to have been
						  violated;
(5) Policy complaints
						  against individuals, including staff or participants, shall indicate how those
						  individuals did not comply with the JTPA law, regulation, or contracts, and
						  shall identify the remedy sought by the complainant.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 2 - JOB TRAINING PARTNERSHIP ACT COMPLAINTS › Article 2 - SERVICE DELIVERY AREA COMPLAINT PROCEDURES › Section 4502-3 - Informal Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The service delivery area shall send a copy of the complaint to the respondent.
						  The service delivery area shall notify the complainant and the respondent of
						  the opportunity for an informal resolution. Respondents shall make good faith
						  efforts to resolve all complaints informally prior to the scheduled
						  hearing.
(b) Failure on the part of
						  either the complainant or the respondent to exert good faith efforts shall not
						  constitute a basis for dismissing a complaint, nor shall this be considered to
						  be a part of the facts to be judged in the complaint resolution process. The
						  service delivery area shall assure that every complaint not resolved informally
						  and not withdrawn is given a hearing at the service delivery area level,
						  regardless of the complaint's apparent merit or lack of merit.
1. New
							 section filed 6-24-99 as an emergency; operative 6-24-99 (Register 99, No. 26).
							 A Certificate of Compliance must be transmitted to OAL by 10-22-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 6-24-99 order transmitted to
							 OAL 10-21-99; disapproved by OAL and order of repeal as to 6-24-99 order filed
							 on 12-7-99 (Register 99, No. 50).
3. New section filed 12-8-99 as an
							 emergency; operative 12-8-99 (Register 99, No. 50). A Certificate of Compliance
							 must be transmitted to OAL by 4-6-2000 or emergency language will be repealed
							 by operation of law on the following day.
4. Certificate of
							 Compliance as to 12-8-99 order, including amendment of section and NOTE,
							 transmitted to OAL 2-24-2000 and filed 4-6-2000 (Register 2000, No.
							 14).
Note: Authority cited: Sections
								305,
								306
								and
								15051,
								Unemployment Insurance Code. Reference: Job Training Partnership Act, Title 29,
								United States Code, Section
								1554 and Title 20, Code of Federal
								Regulations, Sections
								627.501,
								627.502 and
								627.503.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 2 - JOB TRAINING PARTNERSHIP ACT COMPLAINTS › Article 2 - SERVICE DELIVERY AREA COMPLAINT PROCEDURES › Section 4502-4 - Hearings at the Local Level

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Hearings on complaints filed at the local level shall be conducted within 30
						  days of filing the complaint. Service delivery areas shall hear both policy and
						  audit complaints. The service delivery area shall notify both the complainant
						  and the respondent in writing of the hearing at least ten calendar days prior
						  to the date of the hearing. The ten-day notice may be shortened with the
						  written consent of both parties. The hearing notice shall be in writing and
						  shall contain the following information:
(1)
						  The date of the notice, name of the complainant, and the name of the party
						  against whom the complaint is filed.
(2) The date, time, and place of the hearing
						  before an hearing officer.
(3) A
						  statement of the alleged violations. These statements shall accurately reflect
						  the content of the complaint as submitted by the complainant.
(4) The name, address, and telephone number
						  of the contact person issuing the notice.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 2 - JOB TRAINING PARTNERSHIP ACT COMPLAINTS › Article 2 - SERVICE DELIVERY AREA COMPLAINT PROCEDURES › Section 4502-5 - Decision of Local Service Delivery Area and Subsequent Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Not later than
						  60 calendar days after the filing of the complaint, the service delivery area
						  shall mail a written decision to both the complainant and the respondent by
						  certified mail. The service delivery area's decision shall contain the
						  following information:
(1) The names of the
						  parties involved;
(2) A statement
						  of the alleged violation(s) and issues related to the alleged
						  violation;
(3) A statement of the
						  facts;
(4) The service delivery
						  area's decision and the reasons for the decision;
(5) A statement of the corrective action, if
						  any, to be taken; and
(6) Notice of
						  the right of either party to request a review of the decision by the State
						  Review Panel within ten calendar days of receipt of the
						  decision.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 2 - JOB TRAINING PARTNERSHIP ACT COMPLAINTS › Article 3 - PROCEDURES FOR REQUESTS FOR EDD REVIEW OR APPEALS OF SERVICE DELIVERY AREA DECISIONS › Section 4503-1 - Appeals or Requests for EDD Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complainant may file a request for
						  review with EDD if no decision has been issued at the service delivery area
						  level within the 60-day time limit or if there has been an incident of
						  restraint, coercion or reprisal as the result of filing a policy or audit
						  complaint. A complainant may file an appeal if the service delivery area has
						  issued an adverse decision. The request for an EDD review or appeal shall be
						  filed or postmarked (if mailed) within 10 calendar days from the date on which
						  the complainant received an adverse decision from the service delivery area or
						  15 calendar days from:
(1) The date on which
						  a complainant should have received a decision regarding a locally filed
						  complaint, which is defined as five calendar days from the date the decision
						  was due, or
(2) The date on which
						  an instance of restraint, coercion or reprisal was alleged to have occurred as
						  a result of filing the complaint.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 2 - JOB TRAINING PARTNERSHIP ACT COMPLAINTS › Article 3 - PROCEDURES FOR REQUESTS FOR EDD REVIEW OR APPEALS OF SERVICE DELIVERY AREA DECISIONS › Section 4503-2 - Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The EDD hearing
						  shall be conducted in an informal manner with strict rules of evidence not
						  being applicable. Both parties shall have the right to present written and/or
						  oral testimony under oath and arguments; the right to call and question
						  witnesses; the right to request and examine records and documents relevant to
						  the issues, and the right to be represented. The hearing shall be recorded
						  electronically or by a court reporter.
(b) The EDD hearing officer shall follow the
						  procedures set forth in Title 22, California Code of Regulations Section
						  5050(a) and (b),
						  5053,
						  5054,
						  5055,
						  5056(a), (c), and
						  (d),
						  5057,
						  5058,
						  5059,
						  5061,
						  5062,
						  5063,
						  5064, and
						  5070, except that references to
						  the "administrative law judge" or "ALJ" shall mean "hearing officer".
1. New
							 section filed 6-24-99 as an emergency; operative 6-24-99 (Register 99, No. 26).
							 A Certificate of Compliance must be transmitted to OAL by 10-22-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 6-24-99 order transmitted to
							 OAL 10-21-99; disapproved by OAL and order of repeal as to 6-24-99 order filed
							 on 12-7-99 (Register 99, No. 50).
3. New section filed 12-8-99 as an
							 emergency; operative 12-8-99 (Register 99, No. 50). A Certificate of Compliance
							 must be transmitted to OAL by 4-6-2000 or emergency language will be repealed
							 by operation of law on the following day.
4. Certificate of
							 Compliance as to 12-8-99 order, including amendment of subsection (b) and
							 amendment of NOTE, transmitted to OAL 2-24-2000 and filed 4-6-2000 (Register
							 2000, No. 14).
Note: Authority cited: Sections
								305,
								306
								and
								15051,
								Unemployment Insurance Code. Reference: Job Training Partnership Act, Title 29,
								United States Code, Section
								1554; and Title 20, Code of
								Federal Regulations, Sections
								627.501 and
								627.503.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 2 - JOB TRAINING PARTNERSHIP ACT COMPLAINTS › Article 3 - PROCEDURES FOR REQUESTS FOR EDD REVIEW OR APPEALS OF SERVICE DELIVERY AREA DECISIONS › Section 4503-3 - EDD State Review Panel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Following completion of the EDD hearing, the EDD hearing officer shall make a
						  written recommendation to the State Review Panel. The hearing officer's
						  recommendation shall contain the following information:
(1) The names of the parties
						  involved;
(2) A statement of the
						  alleged violation(s) and issues related to the alleged violation;
(3) A statement of the facts;
(4) The EDD hearing officer's decision and
						  the reasons for the decision; and
(5) A statement of the corrective action, if
						  any, to be taken.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 2 - JOB TRAINING PARTNERSHIP ACT COMPLAINTS › Article 4 - APPEALS OF EDD-LEVEL DECISIONS › Section 4504-1 - General Principles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The JTPA implementing regulations at Title 20, Code of Federal Regulations,
						  Sections 627.481(c) and
						  Sections 627.500 through
						  627.504 provide the basis for
						  EDD's appeal process for cases where the EDD has imposed on local entities
						  either administrative and/or financial/monetary sanction(s) resulting from
						  monitoring, investigations, or audits. These sanctions are described in the
						  written EDD decision disallowing costs and/or instituting other findings that
						  are final. The procedures established in Sections
						  4504-1 through
						  4504-4 shall apply only where the
						  EDD, rather than the service delivery area, is the agency issuing sanctions.
						  The procedures established in Sections
						  4504-1 through
						  4504-4 do not apply to decisions
						  and/or findings of service delivery areas.
(b) The procedures specified in Sections
						  4504-1 through
						  4504-4 shall be completed before a
						  complainant may file judicial action at the county, State, or federal level
						  regarding an alleged violation of JTPA law or regulations.
1. New
							 article 4 (sections
							 4504-1 --4504-4) and section filed
							 6-24-99 as an emergency; operative 6-24-99 (Register 99, No. 26). A Certificate
							 of Compliance must be transmitted to OAL by 10-22-99 or emergency language will
							 be repealed by operation of law on the following day.
2. Certificate
							 of Compliance as to 6-24-99 order transmitted to OAL 10-21-99; disapproved by
							 OAL and order of repeal as to 6-24-99 order filed on 12-7-99 (Register 99, No.
							 50).
3. New article 4 (sections
							 4504-1 --4504-4) and section filed
							 12-8-99 as an emergency; operative 12-8-99 (Register 99, No. 50). A Certificate
							 of Compliance must be transmitted to OAL by 4-6-2000 or emergency language will
							 be repealed by operation of law on the following day.
4. Certificate
							 of Compliance as to 12-8-99 order, including amendment of subsection (a) and
							 amendment of NOTE, transmitted to OAL 2-24-2000 and filed 4-6-2000 (Register
							 2000, No. 14).
Note: Authority cited: Sections
								305,
								306
								and
								15051,
								Unemployment Insurance Code. Reference: Job Training Partnership Act, Title 29,
								United States Code, Sections
								1554 and
								1574(b); and
								Title 20, Code of Federal Regulations, Sections
								627.481(c),
								627.501 and
								627.503.