(1) A t raining
program may receive initial eligibility for up to one year. To remain on the
ETPL, a training provider must complete an application for continued
eligibility and submit it before the expiration of the last month of
eligibility.
(3) If a training
provider already on the ETPL adds a new program, it must apply for approval of
that program. The renewal date for the new program will be coordinated with the
provider's other program or programs so all programs for that provider renew at
the same time.
(4) If any of the
information provided in Section
R986-600-653 changes, the
provider must notify the Department.
(5) To remain eligible for the ETPL, a
training provider shall continually comply with the following obligations:
(a) provide services in an ethical,
professional, and timely manner;
(b) not rely solely on funds from the
Department to remain in business, which is defined as not having more than 20%
of students funded by the Department at any one time;
(c) request any unpaid tuition payments from
the Department within 90 days of the student completing or withdrawing from the
training;
(i) if such a request is made after
90 days, the Department is not responsible to issue payment;
(ii) the Department does not guarantee any
payment, as payments are negotiated between the student and the
Department;
(d) not use
the Department's logo or market, advertise, or imply the existence of a
relationship with the Department, without express written approval by the
Department;
(e) not recruit on
Department premises without Department Manager or Director approval;
(f) not use Department approval or
prospective approval as a condition for accepting a student, reviewing a
student's application, assessing a cost or fee to a student, or otherwise
making any type of decision regarding a student's enrollment or standing in the
training program;
(g) acknowledge
and accept responsibility for any actions or inaction of any contractor or
subcontractor the training provider uses, including not charging students
directly for any costs imposed by a contractor or subcontractor's failure to
provide services or make payments to the training provider;
(h) not contact Department employment
counselors unless the contact is regarding an individual student in common and
the student has signed a Department Release of Information form;
(i) submit to and cooperate with any
Department audits and requests for information, including unscheduled or
unannounced site visits;
(j) not
expect or require a minimum number of Department -referred customers;
(k) follow applicable laws to operate as a
school, including having any required accreditation, licensing, registration,
and certification;
(l) respond to
Department complaints and requests within 48 hours of receiving the complaint
or request, and cooperate with Department unscheduled or unannounced site
visits due to complaint allegations from Department-approved
students;
(m) not restrict or
attempt to restrict Department-approved students from communicating their
training experience with Department staff or through any platform including
online, written, or verbal;
(n)
notify the Department within 10 days of any change to the services the training
provider is providing, including:
(i) changes
in accreditation, approval, certification, or licensing, including the
commencement of formal or informal action or investigation to potentially
remove or change accreditation, approval, certification, or licensing;
and
(ii) changes in the identity or
status of contractors or subcontractors being used;
(o) notify the Department within 30 days of
any changes in ownership, management, or control of the training provider, and
changes to the location where a course or program is being offered or
held;
(p) ensure all physical
facilities, equipment, materials, and staff necessary for operation as a school
are adequate and are compliant with applicable laws, including the Americans
with Disabilities Act and related authorities;
(q) abide by the Department's Equal
Opportunity Clause and the equal opportunity and nondiscrimination requirements
of the Workforce Innovation and Opportunity Act, including allowing yearly
Equal Opportunity monitoring by the Department;
(r) post the Department's Equal Opportunity
Notice;
(s) notify the Utah Finance
Division of any changes to the training provider's bank account or mailing
information;
(t) provide
Department-approved students with progress and attendance reports upon
request;
(u) comply with applicable
consumer protection laws, including Title 13, Chapter 34, the Utah
Postsecondary Proprietary School Act, and Title 13, Chapter 34a, the Utah
Postsecondary School State Authorization Act;
(v) remain in good standing with the Division
of Consumer Protection;
(w) report
to the Department within 10 days any action or investigation by the Division of
Consumer Protection of which the training provider becomes aware;
(x) report to the Department within 10 days
any adverse action or investigation against the training provider in any other
state;
(y) submit annual
performance data on WIOA-funded students as required by the Department and
according to deadlines set by the Department;
(z) not report any false or inaccurate
information to the Department; and
(aa) abide by the training provider Terms and
Conditions Agreement.