12- 597 C.M.R. ch. 1, § 4

Current through 2024-51, December 18, 2024

Section 597-1-4 - SELECTION OF TRAINING METHODS

1. Suitable training methods may include:

A. On-the-job training that includes related education necessary to acquire skills needed for a position with a particular occupation in the firm or elsewhere, including training for which the firm pays the costs. This ensures that on-the-job training provides the skills necessary for the individual to obtain employment in an occupation rather than a particular job at a specific site. On-the-job training may be approved only if the agency determines that:

(1) No currently employed individual is displaced by such eligible worker, including partial displacement such as a reduction in the hours of non-overtime work, wages, or employment benefits;

(2) Such training does not impair existing contracts for services or collective bargaining agreements;

(3) In the case of training which would be inconsistent with the terms of a collective bargaining agreement, written concurrence has been obtained from the concerned labor organization;

(4) No other individual is on layoff from the same or any substantially equivalent job for which such eligible worker is being trained;

(5) The employer has not terminated the employment of any regular employee or otherwise reduced the workforce with the intention of filling the vacancy so created by hiring the eligible worker;

(6) The job for which the eligible worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals;

(7) Such training is not for the same occupation from which the worker was separated and with respect to which such worker's group was certified pursuant to section 2 the Act;

(8) The employer is provided reimbursement of not more than 50 percent of the wage rate of the participant, for the cost of providing the training and additional supervision related to the training

(9) The employer has not received payment under the TAA program or under any other federal law for any other on-the-job training provided by such employer which failed to meet the requirements of paragraphs (1) through (6) of this section or such other federal law; and

(10) The employer has not taken, at any time, any action which violated the terms of any certification described in paragraph (8) of this section made by the employer with respect to any other on-the-job training provided by the employer for which the employer has received payment under the TAA program.

(11) On-the-job training shall not be approved for an adversely affected incumbent worker.

B. Institutional training, with priority given to providing the training in public area vocational education schools, if it is determined that such schools are at least as effective and efficient as other institutional alternatives. These programs may include:

(1) Programs approved by the Maine Department of Labor established under the Workforce Investment Act;

(2) Any program of remedial education:

(a) The duration of remedial/basic education courses must relate directly to the individual's occupational goal as developed through assessment and the Individual Service Strategy. The correlation between the duration of remedial/basic education and the individual's occupational goal must be documented in the Individual Service Strategy;

(b) Full time training for remedial programs must include nine (9) hours of classroom training;

(3) Proprietary schools approved by the Department of Education;

(4) Any other training program approved by the Department of Labor, such as apprentice programs, community college associate and certificate programs, trade school programs, and degree programs, if appropriate;

C. Any training program for which all or any portion of the costs of training are paid under any other federal or state program (other than under the Trade Act), or from any other source, including scholarships, but not including sources personal to the individual, such as self, relatives, and friends

2.Location of Training shall be a factor in selecting training methods.

A. Preference shall be given to training that is offered within the individual's normal commuting area. If more than one training provider exists offering similar, available training within the commuting area, than the least expensive training institution will be chosen. When suitable training is not available within the commuting area, training outside the area may be authorized if available at a reasonable cost pursuant to this Chapter.

B. Training at facilities outside the normal commuting area that involves transportation or subsistence costs that add substantially to the total costs shall not be approved if other appropriate training is available.

C. Any training program conducted in total, or in part, at a location outside the United States is not allowed.

D. Generally, training programs located outside of Maine for individuals residing in Maine shall not be approved unless appropriate training is not available within the state.

3. For workers covered by TAA petitions numbered 70,000-79,999, the maximum duration of approved training shall be 130 weeks of actual training for a single certification. In cases where the individual requires remedial education, the approved training may be extended to a maximum of 156 weeks. For workers covered by petitions filed before May 18, 2009 and numbered 80,000, the maximum duration of approved training shall be 104 weeks, or, if an individual requires remedial education, 130 weeks. For workers covered by TAA petitions numbered 81,000 + or 80,000 choosing the 81,000 rules, the maximum duration of approved training shall be 130 with the last 13 weeks only available if needed for completion of training and if training benchmarks are met.

4. At no time shall post-secondary programs be approved for the sole purpose of furthering education.

5. Full-time is defined by the training institution based upon the number of weeks of classroom and any clinical training required. Some examples of short-term training may be CDL Truck Driving, Certified Nurse's Aide, and Personal Care Attendant, which are a specific number of weeks as defined by the training institution.

6. For workers covered by TAA petitions filed on or after May 18, 2009, workers may choose either part-time or full-time training. Workers receiving TRA must be in enrolled in full-time training. Workers receiving RTAA may choose part-time training. Part time training must also meet the six criteria for approval of training.

12- 597 C.M.R. ch. 1, § 4