Louisiana Administrative Code
Title 40 - LABOR AND EMPLOYMENT
Part XVI - Customized Training
Chapter 1 - Workforce Development Training Fund
Section XVI-111 - General Award Provisions
Universal Citation: LA Admin Code XVI-111
Current through Register Vol. 50, No. 9, September 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.
B. Use of Funds
1. The Louisiana Workforce Development
Training Account offers financial assistance in the form of a grant for
reimbursement of eligible training costs specified in the award
agreement.
2. Eligible training
costs may include, inter alia, the following:
a. instruction costs-wages for instructors
and training coordinators employed by the applicant or training provider,
Louisiana public and/or private school tuition, contracts for vendor trainers,
training seminars;
b. travel costs
(limited to 30 percent of the total training award)-travel for trainers and
training coordinators (company and training provider), and travel for trainees;
travel expenses reimbursable under this agreement will comply with State Travel
Regulations, PPM 49;
c. materials
and supplies costs-training texts and manuals, audio/visual materials, skills
assessment (documents or services to determine training needs), raw materials
(for manufacturing and new employee on-the-job training), Computer Based
Training (CBT) software; and
d.
other costs-facility rental associated with the training contract and fees or
service costs incurred by the monitoring entity associated with the contract to
monitor the training.
3.
Training costs ineligible for reimbursement include:
a. trainee wages and fringe
benefits;
b. non-consumable
tangible property (e.g., equipment, calculators, furniture, classroom fixtures,
non-Computer Based Training (CBT) software), unless such property will be owned
by a public training provider at the conclusion of the training
contract;
c. out-of-state, publicly
supported and private schools;
d.
employee handbooks;
e. scrap
produced during training;
f. food,
refreshments; and
g.
awards.
C. Conditions for Disbursement of Funds
1. Funds
will be available on a reimbursement basis following submission of original
invoices to LDOL to the attention of the Incumbent Worker Training Program
Manager, Office of Workforce Development by mail or hand delivery. Only funds
spent on the project after the secretary signs the contract will be considered
eligible for reimbursement. LDOL shall make a determination regarding an
invoice within 15 working days after receipt of the invoice and will make
payment within 15 working days of approval of said invoice. Certain invoices
that need priority attention shall be clearly marked "priority" and LDOL shall
make a good faith effort to expedite the processing of such invoices. Invoices
regarding the purchase of equipment must be accompanied by documentation
confirming delivery.
2. Invoices
will be eligible for reimbursement at 100 percent of the total invoice amount
until the sum of disbursements under a contract are equal to 90 percent of the
total grant award. After the applicant and the training provider have achieved
100 percent of their contracted performance objectives or have substantially
complied with the terms of the contract as determined by the secretary, the
remaining 10 percent of the grant award will be made available for
reimbursement.
3. All disbursements
of funds shall be made to the training provider actually providing the
customized training.
D. Compliance Requirements
1. Training providers
shall be required to complete quarterly reports describing progress toward the
performance objectives specified in their contract with LDOL. Training
providers shall also be responsible for providing documentation to LDOL on a
quarterly basis regarding the satisfaction of the business receiving training
under the contract.
2. In the event
the applicant or training provider fails to meet its performance objectives
specified in its contract with LDOL, LDOL shall retain the rights to withhold
award funds, modify the terms and conditions of the award, and to reclaim
disbursed funds from the applicant and/or training provider in an amount
commensurate with the scope of the unmet performance objectives and the
foregone benefits to the state.
3.
In the event LDOL decides to withhold award funds, modify the terms and
conditions of an award, or reclaim disbursed funds from the applicant and/or
training provider, LDOL shall provide notice of such determination to the
applicant and training provider within three working days of such decision.
a. The applicant or training provider may
appeal an adverse decision made by LDOL by providing written notice of
objection to the secretary within five working days of receipt of the adverse
decision. If a request for an appeal is made, then the appellant shall submit
documentation to support the appeal within 10 working days after forwarding
notice of the appeal. The secretary shall review the evidence submitted and
render a written decision within 20 working days after receiving notice of the
appeal. If no appeal is filed within the applicable time period, the decision
of LDOL shall become final.
b. If
after review of the appeal, the secretary renders a decision that is adverse to
the appellant, then the matter shall be subject to review by the commissioner
of administration pursuant to
R.S.
39:1524 and
39:1525.
4. In the event the applicant or
monitoring entity knowingly files a false statement in its application or in a
progress report, the applicant or monitoring entity shall be guilty of the
offense of filing false public records and shall be subject to the penalty
provided for in
R.S.
14:133.
5. LDOL shall retain the right to require
and/or conduct financial and performance audits of a project, including all
relevant records and documents of the applicant and the monitoring
entity.
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1514.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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