New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 23 - WORKFORCE DEVELOPMENT PARTNERSHIP PROGRAM › Subchapter 1 - DEFINITIONS › Section 12:23-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings:
"Act" means the 1992 New Jersey Employment and Workforce Development Act, P.L. 1992, c.43 (34:15D-1 et seq.)
"Administrative cost" means any costs incurred by the Department to administer the program, including any cost required to collect information and conduct evaluations of service providers and surveys of occupations pursuant to 34:15D-1 et al. to the extent that funding is not available from Federal or other sources.
"Application fee" means the charge assessed by an institution of higher education to process a student application for admission to the institution.
"Apprenticeship Policy Committee" means the New Jersey Apprenticeship Policy Committee established by an agreement between the Bureau of Apprenticeship and Training in the United States Department of Labor, the State Department of Labor, and the State Department of Education and consisting of a representative of the Departments of Education and Labor, the Director of Region II of the Bureau of Apprenticeship and Training in the United States Department of Labor, and a representative of the New Jersey State AFL-CIO.
"Approved training" means training that is occupational, remedial or a combination of the two that meets the requirements stated in 12:23-3.3.
"Basic skills training" means basic mathematics, reading comprehension, basic computer literacy, English proficiency and work-readiness skills, and shall be regarded as a form of remedial education. In addition to remedial education, basic skills can also include communication, interpersonal and decision-making skills.
"Certified Domestic Violence Specialist" means a person who has fulfilled the requirements of certification as a domestic violence specialist established by the New Jersey Association of Domestic Violence Professionals.
"Commissioner" means the Commissioner of Labor and Workforce Development or the Commissioner's designees.
"Customized training services" means services that are provided by the Office of Customized Training or through arrangements made or coordinated by the Office of Customized Training.
"Department" means the New Jersey Department of Labor and Workforce Development.
"Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 et seq., by an adult or an emancipated minor:
1. Homicide (2C:11-1 et seq.);
2. Assault (2C:12-1 );
3. Terroristic threats (2C:12-3 );
4. Kidnapping (2C:13-1 );
5. Criminal restraint (2C:13-2 );
6. False imprisonment (2C:13-2 );
7. Sexual assault (2C:14-2 );
8. Criminal sexual contact (2C:14-3 );
9. Lewdness (2C:14-4 );
10. Criminal mischief (2C:17-3 );
11. Burglary (2C:18-2 );
12. Criminal trespass (2C:18-3 );
13. Harassment (N.J.S.A. 2C:33-4 );
14. Stalking (N.J.S.A. 2C:12-10 );
15. Criminal coercion (N.J.S.A. 2C:13-5 );
16. Robbery (N.J.S.A. 2C:15-1 );
17. Contempt of a domestic violence order pursuant to N.J.S.A. 2C:29-9.b that constitutes a crime or disorderly persons offense; and
18. Any other crime involving risk of death or serious bodily injury to a person protected under the "Prevention of Domestic Violence Act of 1991," P.L. 1991, c. 261 (N.J.S.A. 2C:25-17 et seq.).
"Domestic Violence and Workforce Development Initiative Act training" means instruction with regard to the effective implementation of section 2, subsections (b), (c), (d) and (e) of the Domestic Violence and Workforce Development Initiative Act, P.L. 2005, c. 309 (34:1A-1.7 et seq.).
"Domestic violence liaison" means a designated Department employee within each One-Stop Career Center, to whom a self-assessed victim of domestic violence shall be directed and whose functions shall include:
1. With regard to unemployment compensation claimants, to make referrals to services determined to be appropriate in the case of the individual, including, but not limited to, any appropriate referral to a designated domestic violence agency as defined at 43:21-5(j)  or a community shelter for victims of domestic violence certified pursuant to standards and procedures established by 30:14-1 et seq., and to disclose the rights that the individual may have to unemployment compensation pursuant to 43:21-5(j); and
2. With regard to individuals utilizing counseling or employment services under 34:15B-38, 34:15D-7 or 43:21-59, to make referrals to services determined to be appropriate in the case of the individual, including, but not limited to, any appropriate referral to a designated domestic violence agency as defined at 43:21-5(j)  or a community shelter for victims of domestic violence certified pursuant to standards and procedures established by 30:14-1 et seq., to disclose the rights that the individual may have to unemployment compensation pursuant to 43:21-5(j), and to assume responsibility for counseling the individual in the design of his or her Employability Development Plan, which plan shall be developed to include appropriate accommodations for the individual's needs as a victim of domestic violence.
"Eligible individual" means a qualified displaced worker or a qualified employed worker. For remedial education, eligible individuals also include qualified disadvantaged workers, qualified individuals with disabilities, individuals with learning disabilities, and individuals seeking to enter apprenticeship training.
"Eligible training provider list" means a list of all training providers who meet the requirements established by the State Employment and Training Commission.
"Emancipated minor" means a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant or has been previously declared by a court or an administrative agency to be emancipated.
"Employability Development Plan" (EDP) means a written signed agreement between a qualified job counselor and a participant in which an occupational goal, course of training or educational and other related activities in the Workforce Development Partnership Program are specified based on an assessment of the individual. The EDP may include occupational training, remedial education, or a combination of both.
"Employer" or "business" means any employer subject to the provisions of 43:21-1 et seq.
"Employment and training services" means:
1. Counseling;
2. Occupational training;
3. Remedial education; or
4. Occupational safety and health training.
"English as a Second Language" means training designed for persons with limited English language skills to prepare them in the acquisition of understanding, speaking, reading and writing the English language and skills necessary to function effectively in an English speaking environment, in order to enter other basic skills and remediation programs, and to obtain or retain suitable employment. Persons with limited English language skills are those whose primary language is other than English and who have been assessed to be in need of instruction in English as a second language. An adult's primary language is the language most relied upon by the adult for communication or the language most spoken by the adult in his or her home and work environment.
"Fund" means the Workforce Development Partnership Fund.
"General fee" means the charges assessed by an institution of higher education on all students to provide general support for teaching and learning, such as library fees or technology fees, and those fees assessed by an institution on all students to support purposes or functions not directly related to teaching and learning, such as recreation centers, student organizations, career placement services, and athletic activities.
"Identifiable job skills" means a specific ability which provides for a reasonable opportunity for employment in an occupation.
"Labor demand occupation" means an occupation, which:
1. The Center for Occupational Employment Information has, pursuant to N.J.S.A. 34:1A-86, determined is, or will be, on a regional basis, subject to a significant excess of demand over supply for trained workers, based on a comparison of the total need or anticipated need for trained workers with the total number being trained; or
2. The Center for Occupational Employment Information, in conjunction with a Workforce Investment Board, has, pursuant to N.J.S.A. 34:1A-86, determined is, or will be, in the region for which the Board is responsible, subject to a significant excess of demand over supply for adequately trained workers, based on a comparison of total need or anticipated need for trained workers with the total number being trained.
"Local Workforce Investment Area" means the geographic area approved by the Governor with the assistance of the State Employment and Training Commission for all workforce activities.
"Local Workforce Investment Board" means the board approved and certified by the Governor with the assistance of the State Employment and Training Commission.
"New Jersey Occupational Information Coordinating Committee (NJOICC)" is the interagency consortium responsible for developing, managing, and overseeing a Statewide comprehensive occupational labor market supply and demand system to meet the common information needs for the planning for, and the operation of, all public training and job placement programs.
"Occupational license" means a license, registration or certificate which, when issued by an authorized entity of government, enables an individual to work within a recognized occupation in the State of New Jersey.
"Occupational safety and health training" means training or education that is designed to assist in the recognition and prevention of potential workplace health and safety hazards.
"Occupational training" means training or education that is related to an occupation and is designed to enhance the marketable skills and earning power of a worker or job seeker.
"Office of Customized Training" means the Office established in the Department of Labor and Workforce Development pursuant to 34:15D-5.
"One-Stop Career Center" means any of the facilities established, sponsored or designated by the State, a political subdivision of the State and a Workforce Investment Board in a local area to coordinate or make available State and local programs providing employment and training services or other employment-directed and workforce development programs and activities, including job placement services, and any other similar facility, as may be established, sponsored or designated at any later time to coordinate or make available any of those programs, services or activities.
"One-Stop Career Center System" means that system within which all workforce investment and related programs function as if they were a single entity and as approved by the State Employment and Training Commission in the Local Strategic Five Year Unified Workforce Investment Plan.
"Program" means the Workforce Development Partnership Program.
"Qualifying agency" means any agency of State government, including, but not limited to, the Departments of Education, Human Services, Labor, and Law and Public Safety, and the Commission on Higher Education, that oversees the operation of, or collects and/or disseminates information from any qualifying school, or issues an occupational license.
"Qualified individual with a disability" means any individual assessed by the Division of Vocational Rehabilitation Services or the Commission for the Blind and Visually Impaired as disabled or an individual with learning disabilities.
"Qualified disadvantaged worker" means a worker who is not a qualified displaced worker or a qualified employed worker, but who otherwise meets the following criteria:
1. Is unemployed;
2. Is working part-time and actively seeking full-time work or is working full-time but is earning wages substantially below the median salary for others in the labor force with similar qualifications and experience; or
3. Is certified by the Department of Human Services as:
i. Currently receiving public assistance;
ii. Having been recently removed from the public assistance rolls because of gross income exceeding the grant standard for assistance; or
iii. Being eligible for public assistance but is not receiving assistance because of a failure to apply for it.
"Qualified displaced worker" means a worker who:
1. Is unemployed, and:
i. Is currently receiving unemployment benefits pursuant to 43:21-1 et seq. or any Federal or State unemployment benefit extension; or
ii. Has exhausted eligibility for benefits or extended benefits during the preceding 52 weeks; or
2. Meets the criteria set by the Workforce Innovation and Opportunity Act, P.L. 113-128 ( 29 U.S.C. §§
										3101 et seq.) to be regarded as a "dislocated worker" under that Act.
"Qualified employed worker" means a worker who is employed by an employer participating in a customized training program, or other employed worker who is in need of remedial education.
"Qualified job counselor" means an individual who is engaged in employment counseling and who meets the following standards established by the Commissioner:
1. A qualified job counselor must have a bachelor's degree including or supplemented by:
i. Fifteen college semester hours in vocational guidance or other courses directly related to vocational counseling preparation;
ii. One year of related professional counseling experience; and
iii. Knowledge of State and Federal education laws, employment and training laws, wage and hour laws, and temporary disability and unemployment insurance laws.
2. Substitution of experience for education is allowed, provided the 15 college credits have been successfully completed. Master's degrees in psychology, education, social work, vocational rehabilitation counseling, and personnel administration may be substituted for the one year of experience.
3. The job counselor must be an employee of the Department or an employee of an organization or agency designated by the Commissioner to deliver Workforce Development Partnership Program services.
"Registration fee" means the charge an institution of higher education assesses each term on all students when a student registers for approved courses.
"Remedial education" means any literacy or other basic skills training or education that may not be directly related to a particular occupation but is needed to facilitate success in occupational training or work performance, including training or education in basic mathematics, communication skills, decision-making skills, interpersonal skills, basic computer literacy, English proficiency, and work-readiness skills. This will enable the participant to acquire the necessary skills to attain a minimum level of proficiency needed to attain at least the level of self-sufficiency.
"Self-sufficiency" means the amount of income necessary for an individual to adequately meet his/her basic needs without public assistance. Self-sufficiency standards will be issued by the State Employment and Training Commission for each Workforce Investment Area.
"Service provider" means a provider of employment and training services including, but not limited to, a private or public school or institution of higher education, a business, a labor organization or a community-based organization. A service provider under this chapter must be located in New Jersey.
"State Employment and Training Commission" (SETC) means the agency of State government, which is in but not of the Department of Labor and Workforce Development, designated to develop and assist the implementation of a State employment and training policy.
"Student outcome information" means information pertaining to individual enrollment and participation in any remedial or occupationally specific education and/or training program designed to provide entry level occupational skills or provide supplemental education and/or training in a recognized occupation. This information shall include any relevant data items as specified by the SETC or the NJOICC, including, but not limited to, participant's social security number, demographic characteristics, date of enrollment, date of completion, date of termination, date of application for a license, licensing examination result, and date of issuance of a license.
"Supplemental Workforce Fund for Basic Skills" means the fund established pursuant to section 1 of P.L. 2001 c. 152, effective July 13, 2001.
"Total revenue dedicated to the program during any one fiscal year" means all monies received for the funding during any fiscal year including monies withdrawn from the State disability benefits fund pursuant to 34:15D-14, reduced by any repayment made during that fiscal year from the fund to the State disability benefits fund pursuant to that section, but does not include any monies allocated to the Supplemental Workforce Fund for Basic Skills pursuant to subsection b. of section 9 of P.L. 1992, c.43 (34:15D-9 ).
"Training grant" means a grant provided to fund occupational training and any needed remedial education for an eligible individual.
"Training provider" means a provider of education or training services that is approved by a State or Federal agency authorized to approve such entities and meets the requirements of the State Employment and Training Commission and is listed on the Eligible Training Provider List. Such providers may include, but are not limited to, a private or public school or institution of higher education, a business, a labor organization, or a community-based organization. Training providers under this chapter must be located in New Jersey.
"Victim of domestic violence" means a person protected under the Prevention of Domestic Violence Act of 1991, 2C:25-17 et seq., and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or other person who is a present or former household member. "Victim of domestic violence" also includes any person, regardless of who has been subjected to domestic violence by a person with whom the victim anticipates having a child in common, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
"Vocational training" means training or instruction, which is related to an occupation and is designed to enhance the marketable skills and earning power of a worker or job seeker.