Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XIII - Job Training Partnership Act › Chapter 1 - General Provisions › Section XIII-101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Capital Improvement
- any modification,
				  addition, restoration, or other improvement:
1. which increases the usefulness, productivity, or
				  serviceable life of an existing building, structure, or major item of
				  equipment;
2. which is classified for accounting purposes as a "fixed
				  asset;" and
3. the cost of which increases the recorded value of the
				  existing building, structure, or major item of equipment and is subject to
				  depreciation.
Construction
- the erection, installation,
				  assembly, or painting of a new structure or a major addition, expansion, or
				  extension of an existing structure, and the related site preparation,
				  excavation, filling and landscaping, or other land improvement.
Consulting Service
- work, other than
				  professional, personal, or social service, rendered by either individuals or
				  firms who possess specialized knowledge, experience, or expertise to
				  investigate assigned problems or projects and to provide counsel, review,
				  design, development, analysis, or advice in formulating or implementing
				  programs or services, or improvements in programs or services, including but
				  not limited to such areas as management, personnel, finance, accounting,
				  planning, data processing, and advertising contracts, except for printing
				  associated therewith.
Dependent
- any person for whom, both
				  currently and during the previous 12 months, the applicant has assumed 50
				  percent of his support, and is:
1. a member of the immediate household (parent, spouse, or
				  child);
2. not a member of the household, but a parent, child or
				  spouse of the applicant, who is unemployed because of a mental or physical
				  disability; or
3. one who may be claimed as a dependent on the applicant's
				  tax return.
Employing Agency
- any public or private
				  employer which employs participants and which establishes and maintains the
				  personnel standards applicable to those participants covering such areas as
				  wage rates, fringe benefits, job titles, and employment status.
Entry Level
- the lowest position in any
				  promotional line, as defined locally by collective bargaining agreements, past
				  practice, or applicable personnel rules.
Family
(as defined by Section 4(34) of the
				  Act)-
1. two or more persons living in a single residence, as
				  defined in §626.5 of the regulations, related by blood, marriage, or
				  decree of court and are included in one or more of the following categories (a
				  stepchild or a stepparent is considered to be related by marriage):
a. husband, wife and dependent child;
b. parent or guardian and dependent child;
c. husband and wife;
2. for purposes of
				  §101
Family
.1, persons not living in the single residence but who
				  were claimed as a dependent on another person's Federal Income Tax return for
				  the previous year, unless otherwise demonstrated, shall be presumed to be part
				  of the other person's family;
3. a handicapped individual may be considered an individual
				  when applying for programs under the Act;
4. an individual 18 years of age or older, except as provided
				  in §101
Family
.2 or 3, who receives less than 50 percent of support
				  from the family, and who is not the principal earner nor the spouse of the
				  principal earner, is not considered a member of the family. Such an individual
				  is considered a family of one.
Family Income
- all income received from all
				  sources by all members of the family for the six-month period prior to
				  application computed on an annual basis. Family size shall be the maximum
				  number of family members during the income determination period. When computing
				  family income, income of a spouse, parent or child shall be counted for the
				  portion of the income determination period that the person was actually a part
				  of the family unit of the applicant.
1. In accordance with §626.5 of the JTPA Regulations,
				  for the purpose of determining eligibility, family income includes:
a. money wages and salaries before any deductions;
b. net receipts from nonfarm self-employment (receipts from a
				  person's own unincorporated business, professional enterprise, or partnership,
				  after deductions for business expenses);
c. net receipts from farm self-employment (receipts from a
				  farm which one operates as an owner, renter, or sharecropper, after deductions
				  for farm operating expenses);
d. regular payments from Social Security, railroad
				  retirement, strike benefits from union funds, workers' compensation, veterans'
				  payments, and training stipends;
e. alimony;
f. military family allotments or other regular support from
				  an absent family member or someone not living in the household;
g. pensions whether private, government employee (including
				  military retirement pay);
h. regular insurance or annuity payments;
i. college or university grants, fellowships, and
				  assistantships;
j. dividends, interest, net rental income, net royalties,
				  periodic receipts from estates or trusts; and
k. net gambling or lottery winnings.
2. Family income does not include:
a. unemployment compensation;
b. child support payments;
c. welfare payments (including Aid to Families with Dependent
				  Children, Supplemental Security Income, Emergency Assistance money payments,
				  and non-federally-funded General Assistance or General Relief money
				  payments);
d. capital gains;
e. any assets drawn down as withdrawals from a bank, the sale
				  of property, a house, or a car;
f. tax refunds, gifts, loans, lump-sum inheritances, one-time
				  insurance payments, or compensation for injury; or
g. non-cash benefits:
i. employer-paid fringe benefits;
ii. food or housing received in lieu of wages;
iii. Medicare or Medicaid;
iv. food stamps;
v. school meals; and
vi. housing assistance.
Job Training Plan
- the plan of a service
				  delivery area for operating programs under the Act, consisting of the Master
				  Plan and Program Plan.
Labor Organization
- a local labor
				  organization that represents employees in the service delivery area in the same
				  or substantially equivalent jobs as those for which recipients and
				  subrecipients provide, or propose to provide, employment and training under the
				  Act.
Limited English Language Proficiency
- the
				  limited ability of a participant, whose native language is not English, to
				  communicate in English, resulting in a job handicap.
Long-Term Unemployment
- any individual who
				  is unemployed at the time of application and has been unemployed for 15 or more
				  of the 26 weeks immediately prior to such and has limited opportunities for
				  employment and reemployment in the same or similar occupation in the area in
				  which such individual resides, including any older individual who may have
				  substantial barriers to employment by reason of age.
Master Plan
- the part of the Job Training
				  Plan which serves as a long-term agreement between the governor and a service
				  delivery area.
Matching Funds for Eight Percent Programs
-
				  shall include all non-JTPA funds, whether in cash or in kind, used in direct
				  support of employment or training services provided by state or local
				  educational agencies.
Part-Time Employment
- employment in which a
				  worker is regularly scheduled to work less than the employer's full-time
				  schedule for the worker's position.
Personal Service
- work rendered by
				  individuals which require use of creative or artistic skills, such as but not
				  limited to graphic artists, sculptors, musicians, photographers, and writers,
				  or which require use of highly technical or unique individual skills or
				  talents, such as, but not limited to, paramedicals, therapists, handwriting
				  analysts, and expert witnesses for adjudications or other court
				  proceedings.
Placement
- the act of securing unsubsidized
				  employment for or by a participant.
Professional Service
- work rendered by an
				  independent contractor who has a professed knowledge of some department of
				  learning or science used by its practical application to the affairs of others
				  or in the practice of an art founded on it, which independent contractor shall
				  include but not be limited to lawyers, doctors, dentists, veterinarians,
				  architects, engineers, landscape architects, and accountants. A profession is a
				  vocation founded upon prolonged and specialized intellectual training which
				  enables a particular service to be rendered. The word
professional
implies professed attainments in special
				  knowledge as distinguished from mere skill.
Program Plan
- the part of the Job Training
				  Plan which consists of the description of program activities and services to be
				  provided by the service delivery area during the program year.
Property
- all tangible nonconsumable
				  moveable property purchased with funds under the Act. The term moveable
				  distinguishes this type of property from property attached as a permanent part
				  of a building or structure. Please note that state law requires each item of
				  moveable property having an acquisition cost or appraised value of $250 or more
				  to be placed on inventory.
Public Service Employment
- the type of work
				  normally provided by governments and includes, but is not limited to work
				  (including part-time work) in such fields as environmental quality, child care,
				  health care, education, crime prevention and control, prisoner rehabilitation,
				  transportation, recreation, maintenance of parks, streets, and other public
				  facilities, solid waste removal, pollution control, housing and neighborhood
				  improvement, rural development, conservation, beautification, veterans
				  outreach, development of alternative energy technologies, and other fields of
				  human betterment and community improvement. This activity is distinguished from
				  work experience in that in general PSE is full-time and long term or open-ended
				  and the participant is employed by the agency involved and not the SDA.
Real Property
- land, including land
				  improvements, structures and appurtenances thereto, excluding movable machinery
				  and equipment.
Unsubsidized Employment
- employment not
				  financed from funds provided under the Act. In accordance with Section 106(k)
				  of the Act for performance standard purposes, employment means employment for
				  20 or more hours per week.
Welfare Recipient
- an individual who
				  receives or whose family receives cash payments under AFDC (Title IV of the
				  Social Security Act), General Assistance, or the Refugee Assistance Act of 1980
				  ( P.L. 96-212). (This term excludes recipients of supplemental security income
				  under Title XVI of the Social Security Act.)
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:2022.