Section R986-600-652 - Eligible Training Provider List(1) To be included on the Utah Eligible Training Provider List (ETPL), a training provider must apply for a specific program or programs, and be found eligible by the Department.(2) The following training providers may apply to be included in the ETPL:(a) a postsecondary institution;(b) an apprenticeship program;(c) another public or private provider of training services; or(d) a provider of adult education and literacy activities including English as a Second Language.(3) Training provider requirements. A training provider seeking initial eligibility must: (a) have been in business as a training provider and have provided training to students for at least two years;(b) have less than a 31% federal loan default rate over the past three reported years, or have a plan to reduce the rate under 31%;(c)(i) be registered with the Utah Division of Consumer Protection as a Postsecondary Proprietary School; or(ii) be registered as an exempt as a Postsecondary Proprietary School, unless the provider is: (A) governed by an accrediting body that oversees program instruction;(B) a basic education provider, or is a school directly supported, to a substantial degree, with funds provided by the state, a local school district, or any other Utah governmental subdivision; and(d) able to train students without relying on contractors or subcontractors.(4) A training provider must apply for eligibility for each training program the provider wishes to have included on the ETPL.(5) A training program is one or more courses or classes, or a structured regimen that leads to: (a) an industry recognized postsecondary credential;(c) high school diploma, or secondary school diploma or equivalent; or(d) a measurable skill gain toward credential or employment.(6) A t raining program can be delivered in person, online, or in a blended approach. (a) Online training is only eligible if it: (i) is part of a curriculum where lessons are assigned, completed and returned;(ii) has a mechanism for student interaction with an instructor; and(iii) requires students to take periodic tests.(b) Self-directed online training that is not instructor-led is not eligible.(7) A t raining program shall submit performance data including data from at least one training class that has completed or graduated from the program and the students have been tracked for at least three months after completing the program. If a training program has not operated for at least three months after the first class has graduated, the provider must submit letters verifying the need for trained employees from at least three local businesses that hire employees that need the type of training offered.(8) An out of state training provider that does not have a training location in Utah may apply to be on the Utah ETPL only if the provider maintains provider and program eligibility on the ETPL in the state where the provider's main or corporate office is located.(9) Utah may enter into reciprocal agreements with other states to utilize the ETPL from those states. The agreement allows Utah clients to select a training program from another state's ETPL.(10) The Department will not pay for training costs that are incurred before the training program being found eligible.(11) When applying and while on the ETPL, a training provider must agree to abide by the training provider Terms and Conditions Agreement.(12) A training provider shall not be eligible to be included on the ETPL if the training provider: (a) was previously removed from the ETPL due to noncompliance with this rule or is a successor to a training provider that was previously removed from the ETPL due to noncompliance with this rule, and the removal period has not expired or the conditions for reinstatement have not been met;(b) was previously removed from another state's ETPL due to noncompliance with that state's ETPL rules or is a successor to a provider that was previously removed from another state's ETPL due to noncompliance with that state's ETPL rules, and the training provider has not been reinstated to that state's ETPL;(c) lacks the required accreditation, licensing, registration, and certification to operate any program the training provider seeks to operate;(d) has lost its good standing status, or is a successor to a training provider that has lost its good standing status, with the Division of Consumer Protection; or(e) owes an overpayment to the Department or is a successor to a training provider that owes an overpayment to the Department.(13) Notwithstanding Subsection (12)(e), the Department may include on the ETPL a training provider that owes an overpayment to the Department if: (a) the overpayment did not result from the training provider intentionally supplying inaccurate information or substantially violating Title I of WIOA or the WIOA regulations; and(b) the training provider has entered into a payment plan approved by the Department and is current in making required payments on the overpayment.(14) For this section, the following definitions apply:(a) "Acquire" means to come into possession or control of, or obtain the right to use, an asset by any legal means, including gift, lease, repossession, or purchase. In this section, "acquire" does not include a purchase of an asset through a bankruptcy proceeding if the court places restrictions on the transfer of liabilities to the purchaser.(b) "Asset" means any property, tangible or intangible, that has value, including the acquisition of a business or trade name, customers, accounts receivable, intellectual property rights, goodwill, employees, or an agreement by a predecessor not to compete.(c) "Control" means to have the right to direct the general operations of a training provider.(d) "Manage" means to have the right to control or direct the day-to-day educational or training operations of a training provider.(e) "Substantially all" means 90% or more of the value of a training provider.(f) "Successor" means a person or entity that acquires the business or substantially all assets of a current or former training provider, or that is owned, managed, or controlled by the same principal as a current or former training provider.Utah Admin. Code R986-600-652
Amended by Utah State Bulletin Number 2017-10, effective 5/1/2017Amended by Utah State Bulletin Number 2018-11, effective 5/8/2018Amended by Utah State Bulletin Number 2023-03, effective 1/24/2023