Code of Maine Rules
12 - Labor
12 172 - Maine Unemployment Insurance Commission
Chapter 24 - Approved Training
12 DEPARTMENT OF LABOR
172 MAINE UNEMPLOYMENT INSURANCE COMMISSION
Chapter 24: APPROVED TRAINING
Subsections 6 and 6-C of section 1192 of the Employment Security Law authorize the Commission to approve training for claimants who are eligible for unemployment compensation or dislocated worker benefits. Upon the Commission's approval of such training, a claimant who is otherwise eligible for unemployment compensation benefits shall not be denied such benefits for any week due to the availability and work search requirements of subsection 3 of section 1192, nor for refusal to accept work under subsection 3 of section 1193. In addition, a dislocated worker, as defined in section 1196, of the Employment Security Law who is eligible for additional benefits under subsection 4(A) of section 1191, may not be denied benefits because the individual is in training approved by the Commission, nor may that individual be denied benefits by reason of leaving work to enter such training, provided that the work left is not suitable employment. For purposes of approving training requests in accordance with subsection 6 and 6-C of section 1192, the Commission shall use the procedures and standards set forth herein.
2. Application for approval.
A. Upon written application, the Commission will consider granting prior approval of training programs to training agencies and will consider granting individual requests for training to claimants.
B. The training agency requesting prior approval of a training program and the claimant making an individual request for training must provide the Commission with the following information, as appropriate:
(i) Whether the claimant is claiming unemployment compensation or dislocated worker benefits;
(ii) The name and address of the training program;
(iii) A complete description of the training program;
(iv) The location of the training program and the length of the program, including beginning and ending dates;
(v) The number of people enrolled in the training program;
(vi) Information regarding the availability of employment following completion of the training program, including the program's successful placement rate, if available;
(vii) A list of recognized authorities which have accredited, certified, licensed, or approved the program;
(viii) The amount of remuneration, if any, claimant is receiving or will receive for time spent in the training program, including the amounts and sources of any types of financial aid or stipends;
(ix) Whether the training program is a regular part of an accredited educational/ vocational curriculum for high school or post-secondary education; and
(x) Any other information deemed relevant by the Commission.
C. After application and upon receipt of all requested information, the Commission will act upon training requests. The Commission may schedule a hearing, if necessary, prior to the making of any such determination.
D. Training agencies requesting prior approval of training programs must submit its application at least 4 weeks prior to the start date of the program. Approval for such programs shall be effective for no more than one year.
E. For continuing programs, a new application must be submitted annually at least 4 weeks prior to the next start date.
A. The Commission will approve training requests only if:
(i) The program provides training for occupations that are stable or subject to growth in their areas based on an assessment of local economic factors performed by the Maine Department of Labor, Division of Economic Analysis aid Research, at the Commission's request. All occupations included in the Maine Department of Labor's most recent edition of the publication "Selected Occupational Information for Employment and Training Program Design" for the appropriate county or counties shall be deemed to be stable occupations subject to growth in their areas. If the Division of Economic Analysis and Research is unable to perform the assessment, the applicant may be permitted to make the necessary showing through the presentation of credible evidence; and
(ii) Attendance in the proposed training necessarily interferes with the claimant's ability to conduct a work search and his or her availability for or ability to accept full time employment in accordance with subsection 3 of section 1192 of the Employment Security Law; and
(iii) The program is and remains accredited, certified, licensed, or approved by a recognized authority.
B. The priority for approved training is to relieve unemployment exacerbated by unemployability due to diminished demand for a claimant's labor skills. In order to ensure that regular, full- or part-time students whose primary goal is to obtain a degree shall not have their education subsidized by the unemployment compensation fund, the Commission shall carefully scrutinize any application for approval of training in degree-granting programs; however, enrollment in a degree-granting program may not be the sole cause for denial of approved training status for an otherwise eligible claimant.
C. If a claimant is receiving remuneration for time spent in the program, other than reimbursement for actual tuition and materials costs of the program or for actual costs of child care, transportation, or other indirect costs necessary to allow the claimant to participate in the training program, and if such remuneration is less than the unemployment compensation or dislocated worker benefits otherwise payable to the claimant, such benefits shall be reduced by the amount of the remuneration, rounded to the nearest lower full dollar amount. If such remuneration is greater than the amount of such benefits otherwise payable, no benefits shall be paid for so long as the claimant receives such remuneration.
D. The Commission will issue a written decision for each training request and will notify the requesting agency or claimant and the Director of Unemployment Compensation of any action taken. Interested parties may appeal the Commission's decision to the Superior Court in accordance with 5 M.R.S.A. Sections 11001, et seq.
4. Effective date, Termination, and Continuation.
A. Commission approval of claimants' requests for training shall become effective immediately or, in the event that approval is granted after the start date of the training program, then on such start date, but in no case shall approval be effective more than thirty days before the program start date. Approval shall terminate immediately upon completion of the training program or when the claimant, without good cause, fails to begin participation, ceases participation, or fails to make satisfactory progress in the program. Satisfactory progress shall be as determined by the training provider.
B. All claimants in approved training programs shall provide evidence of satisfactory completion of the training to the Director of Unemployment Compensation immediately upon completion. All such claimants shall notify the Director of Unemployment Compensation whenever the enrollment, attendance, or completion of the approved training changes from that originally represented to the Commission.
C. Training agencies receiving prior approval of a training program shall have an affirmative duty to notify the Director of Unemployment Compensation whenever a claimant's enrollment, attendance, or completion of the approved training changes. Failure to so notify may result in the immediate withdrawal of program approval, in the discretion of the Commission.
D. The exemption from the requirement to seek work, as contained in subsections 6, 6-A, 6-B, 6-C, and 6-D of section 1192 of the Employment Security Law and pursuant to Chapter 10, subsection l(B) of these rules, shall apply to claimants during holiday or vacation recess periods which occur within a normal training or academic program year. In addition, such exemption shall apply to claimants who are enrolled in training and who either have not yet begun training or are not currently participating in training because of a break between training components. This exemption from the work search requirement may not apply to periods which are more than eight (8) weeks in duration. It will be the responsibility of the claimant to provide documentation of enrollment in training.
STATUTORY AUTHORITY: 26 M.R.S.A. Sections 1082 and 1192
September 6, 1993
June 20, 2000 - converted to MS Word
December 14, 2000 - removed stray dashes