Code of Maine Rules
12 - DEPARTMENT OF LABOR
597 - BUREAU OF EMPLOYMENT SERVICES
Chapter 1 - RULES GOVERNING IMPLEMENTATION OF THE TRADE ADJUSTMENT ASSISTANCE PROGRAM
Section 597-1-7 - SIX CRITERIA FOR APPROVAL OF TRAINING
Universal Citation: 12 ME Code Rules ยง 597-1-7
Current through 2024-38, September 18, 2024
In developing an Individual Service Strategy (employment plan) the CareerCenter Case Manager shall ensure that the following criteria are met and documented:
1. There is no suitable employment available for the adversely affected individual.
A. The assessment, Individual Service
Strategy, case notes, financial information and job search activities report
forms shall completely summarize the information regarding the individual's
current skills, work and educational history, current financial status,
physical and mental capabilities, interests, aptitudes, and capabilities and
how this information relates to the demands of the current labor
market.
B. At the time of the
request for training for an individual, there is no suitable employment
available for that individual, either in the commuting area, or outside the
commuting area in which the individual desires to relocate with the assistance
of the relocation allowance. In addition, there is no reasonable prospect of
suitable employment becoming available for the individual while he/she is
receiving unemployment benefits.
2. The individual would benefit from appropriate training.
A. There must be direct
correlation between the needs of the individual for skills training or remedial
education and what would be provided by the training program under
consideration, and that the individual has the mental and physical capabilities
to undertake, make satisfactory progress and complete the training. Further,
this implies the individual will be job ready on completion of
training.
B. Approval of training
will only be made for occupations in which an identifiable demand is expected
to exist in the labor market at the completion of training.
3. There is reasonable expectation of employment following completion of training.
A. Given the job market conditions expected
to exist at the time of the completion of the training program, there is a
reasonable expectation that the individual will find a job, using the skills
acquired while in training. The following factors may be considered in
determining whether a reasonable expectation exists regarding the likelihood of
gaining suitable employment:
(1) a comparison
of past wages and the forecast of earnings upon completion of
training;
(2) labor market analysis
of projected employment potential of stated job goal;
(3) assessment of present skills and the
potential of training success; and
(4) a review of available training
options.
B. This rule
does not require that employment opportunities for the individual be available
or offered immediately upon the completion of the approved training.
C. The training shall be of suitable duration
to achieve the desired skill level in the shortest possible time.
4. Training approved by the CareerCenter Case Manager is reasonably available to the individual from eligible training providers.
A. The training
approved should be reasonably available to the individual from either
government agencies or private sources.
B. Suitable training should also be
reasonably accessible to the individual within the individual's commuting area,
including on-the-job training with an employer. Although the emphasis is on
training within the commuting area, it does not preclude training outside the
commuting area, if none is available at the time within the individual's
commuting area. Whether the training is available within or outside the
commuting area, the training must be available at a reasonable cost.
C. Consideration shall always first be given
to the lowest cost training that is available within the commuting area if more
than one program is available that offers training of substantially similar
quality, content and results and can be completed within a similar time frame.
If similar training for suitable employment is offered at more than one
training facility, the lowest cost training shall be approved.
5. The individual must be qualified to undertake and complete such training. In making this determination, the individual's personal qualifications shall be assessed, including the individual's own physical and mental capabilities, educational background, work experience and financial resources in relation to the specific training program being considered.
A. The
individual shall be evaluated to determine qualification to undertake the
specific training program being considered and to complete the training
successfully. Preferred evaluation tools include assessment tools such as the
O'Net Career Exploration Tools, CASIS, Accuplacer, TABE, and GATB.
B. Evaluation of the individual's financial
ability to complete training should include an analysis of the individual's
remaining weeks of unemployment benefits and TRA payments in relation to the
duration of the training program. If the individual's unemployment benefits and
TRA payments are exhausted before the end of the training program, the
CareerCenter Case Manager shall ascertain whether personal or family resources
or other resources are sufficiently available to enable the individual to
complete the training. This includes a consideration of financial aid resources
that may be available if TAA assists with tuition and fees. The individual
shall be given the opportunity to demonstrate that personal, family or other
resources are reasonably available to the individual to allow him/her to
complete the training.
(1) The CareerCenter
Case Manager shall document in the individual's record what financial resources
were identified to carry the individual through the training program before the
training is approved.
(2) If
adequate financial resources will not be available to the individual to
complete the training program being considered the training shall not be
approved, and other shorter term training opportunities shall be discussed with
the individual.
6. Training is available at a reasonable cost. If the training is determined to be suitable for the individual, a determination must also be made as to whether it is available at a reasonable cost, as defined in this Chapter, in order for the training to be approved.
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