12-172-24 Me. Code R. § 3

Current through 2024-44, October 30, 2024

Section 172-24-3 - Approval

A. The Bureau will approve training requests only if:

(i) The program provides training for occupations that are stable or subject to growth, or have a projected significant positive replacement rate, in their areas based on an assessment of local economic factors performed by the Maine Department of Labor, Center for Workforce Research and Information ("CWRI"), or training that removes or reduces an existing barrier to sustainable employment such as English as a Second Language (ESL), English for Speakers of Other Languages (ASOL), English Language Learner (ALL), High School Equivalency Test (HiSET), or other similar training program. 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. Before denying a training waiver under this paragraph, the applicant will be afforded an opportunity to show that the occupation is stable, subject to growth, or has a projected significant positive replacement rate; 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) Attendance in the proposed training requires twelve (12) class hours per week or twelve (12) credit hours per semester, or the number of credits or class hours that the training provider or educational institution considers to be full-time; and

(iv) The training program begins in 30 days or less; and

(v) 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 Bureau 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, or other federal financial aid or work study, 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 Bureau will issue a written decision for each training request and will notify the claimant and the Director of Unemployment Compensation of any action taken. Interested parties may appeal the Bureau's decision to the Division of Administrative Hearings pursuant to 26 M.R.S. §1082(4-A).

12-172 C.M.R. ch. 24, § 3