reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-133 - Professional, Personal, and Consultant Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Contracts for professional, personal, and
				consultant services are allowable with prior written approval of the recipient
				and in accordance with procedures established by the recipient. Approval must
				be obtained annually.
B. The costs
				of management studies to improve the effectiveness and efficiency of grant
				management for ongoing programs is allowable except that the costs of studies
				performed by agencies or individuals other than the recipient are allowable
				only with prior written approval of the recipient.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-141 - Redesignation of Service Delivery Area Grant Recipient

Current through Register Vol. 50, No. 6, June 20, 2024
A. Petitions for redesignation of a service
				delivery area must be filed with the governor no later than six months before
				the beginning of the ensuing program year.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-143 - Maintenance of Document

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				original documents must be maintained unless prior approval from the recipient
				has been granted to substitute microfilm or similar methods in lieu
				thereof.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-145 - Modification/Amendment of Service Delivery Area Job Training Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. The approved two-year job training plan
				may be changed in two ways: by modification and by amendment.
B. A plan modification is a revision of the
				approved job training plan which requires PIC-CEO approval and is subject to
				the requirement of Section 104 of the Act. Summaries of plan modifications must
				be published for public review and comment no later than 80 days prior to the
				effective date of the modification. In accordance with Section 104(C) a service
				delivery area must modify its Job Training Plan when one or more of the
				following occur:
1. a significant change in
				labor market or other conditions occurs that would have an adverse impact on
				its performance;
2. change in grant
				recipient or administrative entity;
3. change in the geographic area
				served;
4. a change in funding of
				more than 20 percent of the annual allocation;
5. obligation of Title II allocations for the
				second year of the two-year plan period; or
6. any other factors which require
				modification shall be at the discretion of the governor.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-147 - Participant Rights and Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Each service delivery area grant recipient and its subrecipients shall inform
				each participant of his rights and benefits at the time of enrollment into any
				activity under the Act and shall require each participant to sign a statement
				that he has been advised of his rights and benefits. This signed statement
				shall become a permanent part of each participant's official record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-148 - Payments to OJT Employers, Training Institutions, and Other Vendors

Current through Register Vol. 50, No. 6, June 20, 2024
A. Payments to
				On-the-Job Training employers, training institutions and other vendors are
				allowable and should be made in accordance with applicable sections of the JTPA
				federal regulations and any procedures established by the recipient.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-149 - Grievance Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each service
				delivery area grant recipient and its subrecipients shall adopt a procedure for
				resolving any grievance including those alleging a violation of the Act,
				federal or state regulations, or other agreements under the Act. These
				procedures shall be in compliance with 20 CFR Part 627 Subpart E and shall be
				made a part of the service delivery area Job Training Plan. All grievance
				procedures shall provide for the exhaustion of remedies provided therein before
				appeal to the governor for review.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-151 - Nondiscrimination Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Service
				delivery area grant recipients and its subrecipients shall comply with the
				applicable requirements of 29 CFR 31, 32 and 34.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-153 - Participant Supportive Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Participant supportive services, needs-based payments, cash incentive payments
				and bonuses to youth enrolled in Title II-C, and financial assistance are
				allowable and should be made in accordance with applicable sections of the JTPA
				Federal Regulations and procedures established by the recipient. Needs-based
				payments shall be determined in accordance with a locally developed formula or
				procedures.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-155 - Conditional Approval of Job Training Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to expedite program operations
				the governor may, at his option, grant partial or conditional approval to a
				service delivery area job training plan. Such approval will spell out the
				parameters within which the job training plan may operate and the revision
				necessary for final approval.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-159 - Administrative Cost Pooling

Current through Register Vol. 50, No. 6, June 20, 2024
A. Funds
				for the administration of programs under the Act within the service delivery
				area may be pooled pursuant to §627. 440(f) of the regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-161 - Statewide Management Information System

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each service delivery area grant recipient
				will be responsible for maintaining a client tracking and management
				information system that will interface required data with the Louisiana
				Department of Labor statewide automated system established for JTPA
				purposes.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-163 - Prevention of Fraud and Program Abuse

Current through Register Vol. 50, No. 6, June 20, 2024
A. To ensure integrity of programs under the
				Act, special efforts are necessary to prevent fraud and other program abuses.
				Fraud includes deceitful practices and intentional misconduct, such as willful
				misrepresentation in accounting for use of program funds. "Abuse" is a general
				term which encompasses improper conduct which may or may not be fraudulent in
				nature. While any violation of the Act or regulations may constitute fraud or
				program abuse, this rule identifies and addresses specific areas which need
				clarification.
B. This rule sets
				forth specific responsibilities of recipients, service delivery area grant
				recipients and subrecipients to prevent fraud and program abuse in
				JTPA.
C. Conflict of Interest. In
				addition to the standards set forth below, the State Code of Governmental
				Ethics contains restrictions concerning conflicts of interest. Any issues
				regarding the State Code of Governmental Ethics should be brought before the
				Commission of Ethics for Public Employees.
1.
				No member of any council under the Act shall cast a vote on the provision of
				services by that member or any organization which that member directly
				represents or any matter which would provide direct financial benefit to that
				member. Caution must be exercised by members to insure that council action does
				not render the member in violation of
				R.S.
				42:1112, which under certain circumstances
				may require members to cure the conflict of interest through
				resignation.
2. Each recipient,
				service delivery area grant recipient and subrecipients shall avoid personal
				conflict of interest and appearance of conflict of interest in awarding
				financial assistance and in the conduct of procurement activities involving
				funds under the Act.
3. Neither the
				recipient, any service delivery area grant recipient nor subrecipients shall
				pay funds under the Act to any individual, institution, or organization to
				conduct an evaluation of any program under the Act if such individual,
				institution, or organization is associated with that program as a consultant or
				technical advisor.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-165 - Governor's Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				governor or his designee reserves the right to issue directives, instructions,
				or other issuances to the Service Delivery Area (SDA) grant recipients,
				administrative entities and other subrecipients in order to carry out his
				responsibility as required by the Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-167 - CETA Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. All existing
				nonexpendable Comprehensive Employment and Training Act (CETA) property with an
				acquisition cost of less than $1,000 per unit may be used by the possessing
				recipient, SDA grant recipient, administrative entity, or state agency holding
				title, to satisfy the matching requirements of the Act in accordance with the
				definition of
Matching Funds for Eight Percent Programs
found
				in §101 of these
				rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-169 - Occupational Demand

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				otherwise provided, training provided with funds made available under this Act
				shall be only for occupations for which there is a demand in the area served,
				or in other areas to which the participant is willing to relocate.
B. All contracts that are being funded by
				JTPA money where the intent of the contract is placement shall have performance
				goals including placement goals incorporated in that contract unless otherwise
				specified by the council.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-171 - Labor Organizations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where a
				labor organization represents a substantial number of employees who are engaged
				in similar work or training in the same area as that proposed to be funded
				under this Act, an opportunity shall be provided for such organization to
				submit comments with respect to such proposals.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-173 - Deadlines

Current through Register Vol. 50, No. 6, June 20, 2024
A. Not less than
				120 days before the beginning of the first of the two program years covered by
				the JTPA Plan:
1. the proposed plan or
				summary thereof shall be published; and
2. such plan shall be made available for
				review and comment to:
a. each house of the
				legislature;
b. local educational
				and public agencies; and
c. the
				labor organization in the area which represents employees having the skills in
				which training is proposed.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Employment Service Manager
- an individual
				  designated by the employment service to conduct the general management,
				  administration and operation of a specified private employment service (PES)
				  office.
On-Site Consultant
- an individual
				  designated by the employment service, to conduct the general management,
				  administration and operation of a specified private employment service (PES)
				  office, but does not carry the title of manager.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:112.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-103 - Operational Mandates

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensee
				must file with the assistant secretary a bond written by a surety company
				authorized to do business in this state for each licensed office in the sum of
				$5,000. The beneficiary of said bond shall be the assistant secretary. An
				approved bond form (OOL-2) must be executed by the surety company in accordance
				with data requested on said form and the dates of the bond must coincide with
				the inclusive dates of the license. Only original bonds containing surety seal
				will be accepted.
B. A licensee
				must furnish the Office of Regulatory Services with its business telephone
				number.
C. A licensee shall at all
				times conspicuously post, in the main receiving area of his/her office, the
				current "original" private employment service license to operate.
D. A licensee shall at all times
				conspicuously post, in the main receiving area of his/her office, a current
				copy of his/her approved applicant schedule of fees printed in not less than
				30-point bold face type.
E. A
				licensee shall at all times conspicuously post, in the main receiving area of
				his/her office, a notice stating that copies of the
Rules and
				Regulations Governing Private Employment Services
and any supplement
				thereto are available for inspection upon request.
F. Each licensed service must have an
				individual designated as the on-site manager for that location, or an on-site
				consultant who has been tested. No individual may be designated as a private
				employment service manager at more than one location. Each manager and/or
				on-site consultant shall have successfully passed the private employment
				service examination.
G. A licensee
				shall agree to make all records and data pertinent to placement, available to
				any Office of Regulatory Services Compliance Officers or officials upon
				request.
H. Prior to sending an
				applicant on a job interview, the employment service must have a job order from
				the employer granting permission to the service to submit applicants for a fee,
				if hired. Each job order must contain the following:
1. date;
2. employer name and address;
3. position description; and
4. approximate salary.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-107 - Prohibited Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				employment service, employment service manager, and/or consultant shall engage
				in the following conduct:
1. advertise or use
				letterheads, receipts, or other written or printed matter unless such materials
				contain the name of the employment service, as registered with and licensed by
				the assistant secretary;
2. require
				an applicant placed in an employer-fee-paid position to pay a fee of any
				kind;
3. permit an applicant to
				sign a power of attorney, promissory note, negotiable instrument, or assignment
				of wages in an amount exceeding the approved and posted fee;
4. no employment service licensee, manager or
				consultant shall use an alias or any other name in the course and scope of
				their employment other than their legal name, unless registered with the Office
				of Regulatory Services within 30 days from the effective date of these rules.
				No such request for registration received after 30 days from the effective date
				of these rules will be considered;
5. charge or receive a fee from an applicant
				prior to the actual commencement of work on a job procured by the employment
				service, manager, or consultant, except that where an employed applicant
				accepts new employment after having signed a contract but fails to report to
				work on the new job and instead remains with his present employer, a fee not to
				exceed 20 percent of the fee for permanent employment on the new job may be
				charged;
6. other than as described
				in §107.
				A.5 hereinabove, an employment service shall
				not receive a fee from an applicant who does not commence work on a job
				procured by the employment service.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-109 - Application for License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Initial
				License
1. Forms Required to be Completed and
				Submitted
a. OOL-1 Application. The facts
				specified in the application must be sworn and attested before a notary. All
				applications must be signed by the proposed licensee.
b. OOL-2 Bond Form. In the amount of $5,000
				executed by a surety company licensed and authorized to do business in
				Louisiana . Each bond must bear a surety seal and contain licensee's name,
				private employment service business name, trade names, if applicable and
				physical location.
c. Corporations
				shall submit a certified copy of the Articles of Incorporation, which contains
				the gold seal from the Louisiana Office of Secretary of State.
d. Corporations registered outside of
				Louisiana must furnish an original certificate of authority to operate in
				Louisiana, which certificate is issued by the Louisiana Office of Secretary of
				State.
e. Partnerships shall submit
				a certified copy of the Articles of Partnership, which contains the gold seal
				from the Louisiana Office of Secretary of State. Licensee's name must be listed
				in the Articles of Partnership.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-111 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Address
				Change
1. Any change in a licensed employment
				service's physical location must be reported in writing to the Office of
				Regulatory Services by the licensee(s) at least two weeks prior to such
				change.
2. A rider (original only)
				from the surety company affecting the new address must be submitted to the
				Office of Regulatory Services prior to such change.
3. Licensee(s) shall return to the Office of
				Regulatory Services the current original license for reissuance of updated
				address.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-113 - Examinations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each individual
				named as a private employment service licensee, and each individual named as a
				private employment service manager and each individual named as an on-site
				consultant, shall demonstrate sufficient knowledge of the private employment
				service law, rules and regulations by scoring at least 80 percent on a written
				examination.
B. The private
				employment service examination will be developed, administered and scored by
				the Assistant Secretary, Office of Regulatory Services, or his
				designee.
C. Each individual to
				whom the private employment service examination is administered shall pay to
				the assistant secretary a fee of $100, which shall not be refundable under any
				circumstance.
D. Examinations will
				be given within 10 days from the date of request and may be administered at the
				Office of Regulatory Services' Administrative Office, Baton Rouge, Louisiana,
				or at any Office of Regulatory Services Field Office at the convenience of the
				party being tested.
E. Test results
				will be provided on the same day that the completed examination is received by
				the Private Employment Service Program Compliance Officer Supervisor for
				scoring.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:112.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-115 - Fees for Placement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Resume
				Preparation
1. An employment service may
				prepare an applicant's job resume upon applicant's request at a cost not to
				exceed the fee set in
				R.S.
				23:111.B.(1)(b). The employment service shall
				furnish the applicant with a copy of the prepared resume at no additional
				cost.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-117 - Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The assistant
				secretary, upon receipt of a complaint or upon his own motion may initiate an
				investigation into any alleged violations of the Employment Service Law or of
				these rules and regulations promulgated thereunder.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:112.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-119 - Revocation

Current through Register Vol. 50, No. 6, June 20, 2024
A. No new license
				shall be issued to any individual whose prior license has been revoked until
				the expiration of at least two years, and then only upon a proper showing that
				the reasons for the revocation have been corrected, that all other requirements
				for a license have been met, that the necessary examinations have been taken
				and passed, and that all fees have been paid. The burden of proof shall be on
				the applicant.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:112.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-125 - Private Employee Service Contract for Sitters/Nurses

Current through Register Vol. 50, No. 6, June 20, 2024
A. PES Contract
1. This agreement entered into this date
				___________ between _________________ hereinafter referred to as REGISTER and
				_______________________ hereinafter referred to as the applicant. Should I
				accept employment with an employer to which ________________has referred me
				within 12 months from date of referral, I agree to pay a fee for professional
				services in accordance with the fee schedule listed in Paragraph 3.
2. This contract is valid for a period of one
				year from the above date or may be terminated by either party at any time by
				written notice, but not to the detriment of any legal rights or obligations
				incurred prior to such termination.
3. The applicant agrees to pay to
				______________________ a fee of __________ percent of first year's gross
				earnings received for employment to which _____________________ has referred
				the applicant. Should case continue longer than one year, no additional fee
				will be charged.
4. Applicant
				hereby agrees to pay a penalty of 25 percent as attorney fees, plus court cost,
				on the earned fees due __________________________ should it become necessary to
				obtain counsel, a collection service, or resort to court action.
5. Applicant hereto acknowledges receipt of a
				copy of this contract; and understands the foregoing contract and agree to all
				of its terms and conditions.
______________________________
APPLICANT
______________________________
DATE
______________________________
REPRESENTATIVE
______________________________
DATE
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-129 - Severability Clause

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules
				and each of their provisions are hereby declared to be severable, one from
				another. If any provision or item of a rule, or the application thereof, is
				held invalid, such invalidity shall not affect other provisions, items, or
				applications of the rule which can be given effect without the invalid
				provision, item or application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:112.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVI - Customized Training › Chapter 1 - Workforce Development Training Fund › Section XVI-101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Account
- the Workforce Development Training
				  Account.
Applicant
- the business requesting training
				  assistance from LDOL under this program, including a registered joint labor and
				  employer group-administered apprenticeship program under
				  §103.
				  A.4
Award
- funding approved under this program
				  for eligible training activities.
Awardee
- an applicant (and/or company(ies))
				  receiving a training award under this program.
Contract
- a legally enforceable agreement
				  between LDOL, the applicant and a training provider governing the terms and
				  conditions of the training award.
Contractee
- the applicant and training
				  provider that are party to a training award contract with LDOL under this
				  program.
Incumbent Worker
- a worker who is currently
				  on the payroll of the applicant.
Individual Standardized Training
-
				  off-the-shelf training that is not customized to the needs of the individual
				  applicant and that is currently offered by a training provider at the time the
				  application is filed with LDOL; to be provided through the Small Business
				  Employee Training Program and to be administered in accordance with
				  §113
LDOL
- the Louisiana Department of
				  Labor.
Monitoring Entity
- a public or private
				  entity contracted or selected to monitor the compliance of a contractee with
				  the terms and conditions of a training award contract.
Secretary
- the Secretary of the Department
				  of Labor.
Supplant
- diversion of normal training
				  funding for other uses simply because training funds are awarded under the
				  Incumbent Worker Training Program.
Training Provider
- the entity providing the
				  customized training for the awardee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1514.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVI - Customized Training › Chapter 1 - Workforce Development Training Fund › Section XVI-103 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant
				shall be eligible for customized training if it is one of the following:
1. an individual employer that seeks to
				provide customized training for his incumbent workers to prevent job loss
				caused by obsolete skills, technological change, or national or global
				competition;
2. an individual
				employer that seeks to provide customized training for its incumbent workers to
				create, update, or retain jobs in a labor demand occupation;
3. an individual employer that seeks to
				provide customized training for its incumbent workers to update or retain jobs
				in an occupation which is not a labor demand occupation, if the administrator
				determines that the services are necessary to prevent the likely loss of
				jobs;
4. a labor or community-based
				organization that seeks to provide customized training for a labor demand
				occupation for workers who are incumbent to an industry, were attached to a
				contributing employer within the last 12 months, and are not receiving
				unemployment insurance benefits at time of training;
5. a consortium made up of one or more
				educational institutions and one or more eligible individual employers, labor,
				or community-based organizations that seeks to provide customized training for
				incumbent workers in labor demand occupations;
6. a local economic development entity and
				one or more eligible individual employers that seek to provide customized
				training for incumbent workers in a labor demand occupation.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVI - Customized Training › Chapter 1 - Workforce Development Training Fund › Section XVI-105 - Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. Employer(s) must
				have been in business in the state for at least three years, contributing to
				the workforce development training account, and be in full compliance with
				Louisiana unemployment insurance laws. In the case of a buyout or merger, LDOL
				will use data from the Tax Operations Unit of the Office of Regulatory Services
				to determine whether or not an applicant will be allowed to carry over
				operation time of a previous entity.
B. No single employer or consortium shall
				receive more than 10 percent of the total funds available to the program during
				a fiscal year. An employer with multiple operations sites and a single
				unemployment insurance tax identification number shall be limited to a single
				application which may encompass training at the various sites, so long as the
				amount awarded under the application does not exceed the maximum award amount.
				When an employer has more than one site and each site maintains a different
				unemployment insurance tax identification number, the employer may apply for a
				separate training awarded under each tax identification number.
C. Employers receiving awards must provide
				evidence satisfactory to LDOL of their long-range commitment to employee
				training and that funds shall be used to supplement and not supplant existing
				training efforts.
D. Applicants
				must request training for at least 15 employees and where applicable, the
				training provided must meet, at the minimum, the safety standards determined by
				OSHA.
E. Special emphasis shall be
				placed on entry level/incumbent training programs.
F. Preference will be given to employers that
				have:
1. selected a public training
				institution as the training provider;
2. donated materials, equipment, or
				instructors to public training providers, secondary and postsecondary
				vocational-technical schools, or community colleges within the state;
3. hired recent recipients of public
				assistance such as JTPA/WIA, unemployment benefits, FITAP, and rehabilitative
				services;
4. hired individuals
				recently released from a correctional facility;
5. participated in a workplace safety
				consultation with employees of the Office of Workers' Compensation
				Administration;
6. listed job
				openings with LDOL;
7. never
				received a training award under this program.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVI - Customized Training › Chapter 1 - Workforce Development Training Fund › Section XVI-107 - Application Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. LDOL will
				provide a standard form which applicants will use to apply for assistance. The
				application form will contain, but not be limited to, detailed descriptions of
				the following:
1. an overview of the company,
				its history, and the business climate in which it operates;
2. the company's overall training plan,
				including:
a. a summary of the types and
				amount of training currently provided by the company and a description of how
				the company determined its training needs; and
b. the specific training programs for which
				LDOL assistance is requested including descriptions of the training methods,
				the training providers, and the costs associated with the proposed training;
				and
3. any additional
				information the secretary may require.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVI - Customized Training › Chapter 1 - Workforce Development Training Fund › Section XVI-109 - Submission and Review Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applicants must submit their completed application to LDOL. Submitted
				applications will be reviewed and evaluated by LDOL staff. All applications
				will be measured using a rating system as an evaluation tool that will enable
				LDOL staff to determine which applications should receive approval, be deferred
				to future funding cycles, or be denied outright. Input may be required from the
				applicant, other divisions of the Department of Labor, and other state agencies
				as needed, in order to:
1. understand the
				labor market conditions the proposed training is seeking to mitigate;
2. evaluate the strategic importance of the
				proposed training to the economic well-being of the state and local
				communities;
3. determine whether
				the employer's specific needs are best met by training;
4. identify the availability of existing
				training programs which could be adapted to meet the employer's
				needs;
5. identify the resources
				the business can provide to support the training, including trainers,
				facilities, materials and equipment;
6. identify or develop appropriate curricula;
				and
7. determine the most cost
				effective approach to meet the employer's training needs.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVI - Customized Training › Chapter 1 - Workforce Development Training Fund › Section XVI-111 - General Award Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Award
				Contract
1. A contract will be executed
				between LDOL, the applicant [and/or company(ies) receiving training] and the
				training provider. The contract will specify the performance objectives
				expected of the company(ies) and the training provider and the compliance
				requirements to be enforced in exchange for state assistance, including, but
				not limited to, time lines for job training.
2. The monitoring entity will monitor the
				progress of the training.
3. LDOL
				will reimburse the training provider from invoices submitted by the training
				provider on a form approved by LDOL and disburse funds from invoices or
				certificates of work completed.
4.
				The cost associated with the contract between the monitoring entity and the
				applicant will be considered part of the total training award, but will not
				exceed 5 percent of the award amount or $10,000, whichever is less.
5. Funds may be used for training programs
				extending up to two years in duration, or up to three years upon approval of
				the secretary.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVI - Customized Training › Chapter 1 - Workforce Development Training Fund › Section XVI-113 - Small Business Employee Training Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of this Part, small business
				is defined as a Louisiana based business that has 50 or less employees and is
				an eligible applicant as outlined in
				§103.
				A The applicant will be reimbursed for the
				eligible costs associated with the training once the training has been
				completed and proper documentation has been submitted to LDOL.
B. Applicant can not receive customized
				training and small business employee training concurrently.
C. The applicant must submit the Small
				Business Employee Training Program application and receive LDOL approval, in
				writing, prior to the start of any training.
D. Applicant must be current on all state UI
				tax obligations.
E. Trainees must
				be incumbent workers for whom the applicant incurs a state unemployment tax
				liability under R.S. Title 23, Chapter 11.
F. The request for training must be in a
				labor demand occupation as defined in the Workforce Investment Act of 1998
				(WIA) or cluster based industry as defined in Vision 2020.
G. Small business training can consist of the
				following:
1. taking a class, either
				non-credit or credit, at an educational institution under the policy or direct
				management authority of the Board of Regents;
2. receiving training from a manufacturer or
				their representative within one year of the purchase of equipment valued at
				more than $3,000 where the training is not otherwise incorporated into the
				purchase price of the equipment;
3.
				receiving training from a manufacturer or their representative in order to
				upgrade computer skills;
4.
				receiving training from a national, regional or state trade association, that
				offers an independently certified training curricula and testing, which can
				demonstrate a successful training history of at least five years.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVII - Community Services Block Grant › Subpart 1 - CSBG Policy Manual › Chapter 1 - Allocation of Funds › Section XVII-101 - Method of Allocation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Not less
				  than 90 percent of the total funds appropriated for Louisiana shall be
				  allocated to eligible entities in accordance with Section 675(c)(2)(A) of the
				  CSBG Act and
				  R.S.
				  23:65. The formula to be used for the
				  allocation of funds shall be approved through a process which includes a public
				  hearing(s) scheduled each fiscal year to determine the use and distribution of
				  funds. The formula adopted and the identification of the data base used to
				  allocate funds will be included in the Annual Statewide Community Services
				  Block Grant Plan.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:66 et
					 seq.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVII - Community Services Block Grant › Subpart 1 - CSBG Policy Manual › Chapter 1 - Allocation of Funds › Section XVII-103 - Identification of Eligible Entities

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Those organizations which were designated as a Community Action Agency or a
				  Community Action Program under the Economic Opportunity Act of 1964 for fiscal
				  year 1981 are qualified recipients for 90 percent of funds under the Community
				  Services Block Grant (CSBG) Act. Not more than 7 percent of these funds in each
				  fiscal year may be used to designate other qualified community action agencies
				  to serve areas not previously served by an existing eligible entity as defined
				  by the Act.
B. If any geographic
				  area of the state is not, or ceases to be served by an eligible entity, the
				  governor may decide to serve the area by:
1.
				  requesting an eligible entity which is located and provides services in an area
				  contiguous to the new area to serve the new area;
2. if no eligible entity is located and
				  provides services in an area contiguous to the new area, requesting the
				  eligible entity located closest to the area to be served or an existing
				  eligible entity serving an area within reasonable proximity of the new area to
				  provide services in the new area; or
3. where no existing eligible entity
				  requested to serve the new area decides to do so, designating an existing
				  eligible entity, any organization which has a board meeting the requirements of
				  Section 675(c)(3) or any political subdivision of the state to serve the new
				  area shall qualify such organization as an eligible entity under this
				  Act.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVII - Community Services Block Grant › Subpart 1 - CSBG Policy Manual › Chapter 1 - Allocation of Funds › Section XVII-105 - Notification of Availability of Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 30 days of receipt by the
				  Department of Employment and Training from the federal agency of the amount of
				  funds available, the Department of Employment and Training will notify those
				  eligible agencies of the allocation by parishes.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 23:61 et
					 seq.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVII - Community Services Block Grant › Subpart 1 - CSBG Policy Manual › Chapter 3 - Subgrant Proposal for Eligible Entities › Section XVII-301 - Date of Submission

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  eligible entity shall submit a subgrant proposal for the use of CSBG funds to
				  the Department of Labor annually or as otherwise instructed by that department.
				  The Department of Labor will issue written instructions on the due date for
				  subgrant proposals.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:66 et
					 seq.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVII - Community Services Block Grant › Subpart 1 - CSBG Policy Manual › Chapter 3 - Subgrant Proposal for Eligible Entities › Section XVII-303 - Content of Subgrant Proposal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The subgrant proposal shall be prepared in the format prescribed by the
				  Department of Labor, and shall include (but not be limited to) the following:
1. identification of the eligible entity, to
				  include the corporate name, street address and contact person;
2. a complete budget, including a budget
				  summary, spending plan and staffing plan; and
3. a complete description of the programmatic
				  activities to be funded which must provide programs in accordance with the CSBG
				  Act.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVII - Community Services Block Grant › Subpart 1 - CSBG Policy Manual › Chapter 3 - Subgrant Proposal for Eligible Entities › Section XVII-305 - Attachments to Subgrant Proposal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each proposal shall contain (but not be limited to) the following attachments:
1. a list of the current board of directors,
				  providing the names, addresses and telephone numbers of board members;
				  identification of the segment each board member represents and dates of the
				  current and preceding terms of each board member;
2. special clauses and assurances;
				  and
3. any other information
				  determined to be necessary by the Department of Labor to meet state or federal
				  requirements.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVII - Community Services Block Grant › Subpart 1 - CSBG Policy Manual › Chapter 3 - Subgrant Proposal for Eligible Entities › Section XVII-307 - Review and Approval of Subgrant Proposal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The CSBG Unit will review and provide any
				  technical assistance necessary to make modifications to the subgrant proposal
				  submitted to assure compliance with the CSBG Act.
B. The subgrant proposal submitted will be
				  signed by the executive director or the person empowered to enter into a
				  subgrant on behalf of the eligible entity.
C. If the subgrant proposal is modified it
				  shall be returned to the eligible entity for review, concurrence and signature.
				  The signed subgrant will be returned to the CSBG Unit within 15 days. If no
				  modification is necessary, the original plan shall become the
				  subgrant.
D. The subgrant will be
				  forwarded to the Department of Labor signatory, with the recommendation that
				  the subgrant be signed.
E. The
				  Community Services Block Grant Section will distribute copies of the signed
				  subgrant to the subgrantee and Director of Financial Management as soon as they
				  are signed. Program activities can begin on or after the dates defined in the
				  subgrant period of the subgrant document.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 23:61 et
					 seq.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVII - Community Services Block Grant › Subpart 1 - CSBG Policy Manual › Chapter 5 - Application for Discretionary Funds › Section XVII-501 - Who May Apply

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any public or
				  private nonprofit agency who has as its primary objective the elimination of
				  poverty in the local area may submit a proposal for operating any program which
				  meets the requirement of the Act. Proposals must be submitted to the Community
				  Services Block Grant Section.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 23:61 et
					 seq.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XVII - Community Services Block Grant › Subpart 1 - CSBG Policy Manual › Chapter 5 - Application for Discretionary Funds › Section XVII-503 - Requirement of Agency

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any private
				  not for profit agency applying for funds must be incorporated by the state of
				  Louisiana and must provide a copy of the articles of incorporation with its
				  application for funding.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:66 et
					 seq.