Section R986-600-656 - Continued Eligibility Requirements for Training Providers and Programs(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.(2) A training provider shall renew eligibility annually or more often as instructed by the Department.(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.(6) Contracted and subcontracted providers must meet the same requirements as a primary training provider.Utah Admin. Code R986-600-656
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