La. Admin. Code tit. 40 § XIII-101
Capital Improvement- any modification, addition, restoration, or other improvement:
1. which increases the usefulness, productivity, or serviceable life of an existing building, structure, or major item of equipment;
2. which is classified for accounting purposes as a "fixed asset;" and
3. the cost of which increases the recorded value of the existing building, structure, or major item of equipment and is subject to depreciation.
Construction- the erection, installation, assembly, or painting of a new structure or a major addition, expansion, or extension of an existing structure, and the related site preparation, excavation, filling and landscaping, or other land improvement.
Consulting Service- work, other than professional, personal, or social service, rendered by either individuals or firms who possess specialized knowledge, experience, or expertise to investigate assigned problems or projects and to provide counsel, review, design, development, analysis, or advice in formulating or implementing programs or services, or improvements in programs or services, including but not limited to such areas as management, personnel, finance, accounting, planning, data processing, and advertising contracts, except for printing associated therewith.
Dependent- any person for whom, both currently and during the previous 12 months, the applicant has assumed 50 percent of his support, and is:
1. a member of the immediate household (parent, spouse, or child);
2. not a member of the household, but a parent, child or spouse of the applicant, who is unemployed because of a mental or physical disability; or
3. one who may be claimed as a dependent on the applicant's tax return.
Employing Agency- any public or private employer which employs participants and which establishes and maintains the personnel standards applicable to those participants covering such areas as wage rates, fringe benefits, job titles, and employment status.
Entry Level- the lowest position in any promotional line, as defined locally by collective bargaining agreements, past practice, or applicable personnel rules.
Family (as defined by Section 4(34) of the Act)-
1. two or more persons living in a single residence, as defined in §626.5 of the regulations, related by blood, marriage, or decree of court and are included in one or more of the following categories (a stepchild or a stepparent is considered to be related by marriage):
a. husband, wife and dependent child;
b. parent or guardian and dependent child;
c. husband and wife;
2. for purposes of §101Family.1, persons not living in the single residence but who were claimed as a dependent on another person's Federal Income Tax return for the previous year, unless otherwise demonstrated, shall be presumed to be part of the other person's family;
3. a handicapped individual may be considered an individual when applying for programs under the Act;
4. an individual 18 years of age or older, except as provided in §101Family.2 or 3, who receives less than 50 percent of support from the family, and who is not the principal earner nor the spouse of the principal earner, is not considered a member of the family. Such an individual is considered a family of one.
Family Income- all income received from all sources by all members of the family for the six-month period prior to application computed on an annual basis. Family size shall be the maximum number of family members during the income determination period. When computing family income, income of a spouse, parent or child shall be counted for the portion of the income determination period that the person was actually a part of the family unit of the applicant.
1. In accordance with §626.5 of the JTPA Regulations, for the purpose of determining eligibility, family income includes:
a. money wages and salaries before any deductions;
b. net receipts from nonfarm self-employment (receipts from a person's own unincorporated business, professional enterprise, or partnership, after deductions for business expenses);
c. net receipts from farm self-employment (receipts from a farm which one operates as an owner, renter, or sharecropper, after deductions for farm operating expenses);
d. regular payments from Social Security, railroad retirement, strike benefits from union funds, workers' compensation, veterans' payments, and training stipends;
e. alimony;
f. military family allotments or other regular support from an absent family member or someone not living in the household;
g. pensions whether private, government employee (including military retirement pay);
h. regular insurance or annuity payments;
i. college or university grants, fellowships, and assistantships;
j. dividends, interest, net rental income, net royalties, periodic receipts from estates or trusts; and
k. net gambling or lottery winnings.
2. Family income does not include:
a. unemployment compensation;
b. child support payments;
c. welfare payments (including Aid to Families with Dependent Children, Supplemental Security Income, Emergency Assistance money payments, and non-federally-funded General Assistance or General Relief money payments);
d. capital gains;
e. any assets drawn down as withdrawals from a bank, the sale of property, a house, or a car;
f. tax refunds, gifts, loans, lump-sum inheritances, one-time insurance payments, or compensation for injury; or
g. non-cash benefits:
i. employer-paid fringe benefits;
ii. food or housing received in lieu of wages;
iii. Medicare or Medicaid;
iv. food stamps;
v. school meals; and
vi. housing assistance.
Job Training Plan- the plan of a service delivery area for operating programs under the Act, consisting of the Master Plan and Program Plan.
Labor Organization- a local labor organization that represents employees in the service delivery area in the same or substantially equivalent jobs as those for which recipients and subrecipients provide, or propose to provide, employment and training under the Act.
Limited English Language Proficiency- the limited ability of a participant, whose native language is not English, to communicate in English, resulting in a job handicap.
Long-Term Unemployment- any individual who is unemployed at the time of application and has been unemployed for 15 or more of the 26 weeks immediately prior to such and has limited opportunities for employment and reemployment in the same or similar occupation in the area in which such individual resides, including any older individual who may have substantial barriers to employment by reason of age.
Master Plan- the part of the Job Training Plan which serves as a long-term agreement between the governor and a service delivery area.
Matching Funds for Eight Percent Programs- shall include all non-JTPA funds, whether in cash or in kind, used in direct support of employment or training services provided by state or local educational agencies.
Part-Time Employment- employment in which a worker is regularly scheduled to work less than the employer's full-time schedule for the worker's position.
Personal Service- work rendered by individuals which require use of creative or artistic skills, such as but not limited to graphic artists, sculptors, musicians, photographers, and writers, or which require use of highly technical or unique individual skills or talents, such as, but not limited to, paramedicals, therapists, handwriting analysts, and expert witnesses for adjudications or other court proceedings.
Placement- the act of securing unsubsidized employment for or by a participant.
Professional Service- work rendered by an independent contractor who has a professed knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, which independent contractor shall include but not be limited to lawyers, doctors, dentists, veterinarians, architects, engineers, landscape architects, and accountants. A profession is a vocation founded upon prolonged and specialized intellectual training which enables a particular service to be rendered. The word professional implies professed attainments in special knowledge as distinguished from mere skill.
Program Plan- the part of the Job Training Plan which consists of the description of program activities and services to be provided by the service delivery area during the program year.
Property- all tangible nonconsumable moveable property purchased with funds under the Act. The term moveable distinguishes this type of property from property attached as a permanent part of a building or structure. Please note that state law requires each item of moveable property having an acquisition cost or appraised value of $250 or more to be placed on inventory.
Public Service Employment- the type of work normally provided by governments and includes, but is not limited to work (including part-time work) in such fields as environmental quality, child care, health care, education, crime prevention and control, prisoner rehabilitation, transportation, recreation, maintenance of parks, streets, and other public facilities, solid waste removal, pollution control, housing and neighborhood improvement, rural development, conservation, beautification, veterans outreach, development of alternative energy technologies, and other fields of human betterment and community improvement. This activity is distinguished from work experience in that in general PSE is full-time and long term or open-ended and the participant is employed by the agency involved and not the SDA.
Real Property- land, including land improvements, structures and appurtenances thereto, excluding movable machinery and equipment.
Unsubsidized Employment- employment not financed from funds provided under the Act. In accordance with Section 106(k) of the Act for performance standard purposes, employment means employment for 20 or more hours per week.
Welfare Recipient- an individual who receives or whose family receives cash payments under AFDC (Title IV of the Social Security Act), General Assistance, or the Refugee Assistance Act of 1980 ( P.L. 96-212). (This term excludes recipients of supplemental security income under Title XVI of the Social Security Act.)
La. Admin. Code tit. 40, § XIII-101