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PART 482

ARTICLE 2

Regulations of the Industrial Commissioner

PART 482 - APPROVAL OF CAREER AND RELATED TRAINING
PURSUANT TO SECTION 599 OF THE LABOR LAW
(Statutory authority: Labor Law, §530, 599; Article 18)

Section 482.1
Statement of intent
Section 482.2
Definitions
Section 482.3
Standards for approving career and related training
Section 482.4
Standards for approving an individual for career and related training
Section 482.5
Additional factors for exercising discretion
Section 482.6
Determining the availability of funds and payment of additional benefits

Historical note: Part filed (§ 482.1 - 482.5) October 1, 1991 as emergency measure; December 23, 1991 as an emergency measure, expired 60 days after filing; February 26, 1992 as emergency measure; April 24, 1992 as emergency measure effective April 24, 1992; April 24, 1992 effective May 13, 1992.

§482.1 Statement of intent.

The intent of section 599 of the Labor Law is to return the unemployed worker to the labor market with the necessary skills required to provide the claimant with the opportunity to secure employment of a substantially equal or higher skill level than the claimant's past employment. Subject to the availability of funds, additional unemployment insurance benefits provided by section 599 of the Labor Law shall be paid to a claimant who is in regular attendance at an approved career and related training program and who has exhausted regular unemployment insurance benefits and, if in effect, any other extended benefits, and provided that entitlement to a new benefit claim cannot be established.

In order to avoid the dissipation of limited training funds, the Commissioner of Labor is exercising discretion not to pay additional unemployment benefits based on protracted waiting periods of more than six weeks before the claimant enters training. Accordingly, no more than 12 weeks of additional unemployment insurance benefits will be paid based on the effective days of regular benefits remaining between the time a claimant is accepted in or demonstrates application for approved training and the date the claimant begins such training.

Approval to receive additional benefits while attending approved career and related training is subject to the availability of funds. The Commissioner of Labor has established uniform procedures for denying additional benefits to individuals when sufficient funds are not available, and for payment of additional benefits prospectively in the event additional funds become available at a later time.

Historical note: Section filed December 23, 1991 as emergency measure, expired 60 days after filing; February 26, 1992 as emergency measure; April 24, 1992 as emergency measure effective April 24, 1992; April 24, 1992 effective May 13, 1992.

§ 482.2 Definitions.

The following definitions of terms shall apply to this Part:

  • Approved means approved by the Commissioner of Labor.
  • Career and related training means any training program clearly leading to the qualifications or skills for a specific occupation, including but not limited to basic education skills, occupational skills training and skills upgrading; and consisting of one or more approved training courses or activities which require attendance at training for at least 12 hours in each week and a training period requiring not more than 24 months to complete.
  • Competent and reliable agency means an entity approved by the State Department of Education or other appropriate State agency, or a provider of employment training services that has a record of demonstrated effectiveness in providing such services under the auspices of a government agency, or an established entity that provides satisfactory evidence to the Commissioner of Labor that it is capable of providing a program of career and related training.
  • An approved training course means one offered by a competent and reliable agency and which:
    • has a defined curriculum of appropriate duration to impart the intended skills and knowledge;
    • is taught by competent instructors;
    • uses appropriate instructional materials and equipment, including a written description of the skills and knowledge to be imparted and the hours devoted to instruction of pertinent skills;
    • is taught in an appropriate training facility;
    • requires tests for students to measure their successful achievement of the competencies taught by the course or training;
    • will upgrade the claimant's existing skill or train the claimant for an occupation likely to lead to more regular long-term employment; and
    • relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in the State.
  • Demonstrates application for appropriate training means the date on which the claimant applied in writing for an approved training course which accepted the claimant and was approved for the claimant.
  • Committed funds means funds needed to pay additional benefits during the current program year to claimants in approved career and related training.
  • Accrued obligations means funds needed to pay additional benefits in a subsequent program year to claimants in approved career and related training.
  • Program year means a year beginning on July 1st and ending on the following June 30th.
Historical note: Section filed October 1, 1991 as emergency measure; December 23, 1991 as emergency measure, expired 60 days after filing; February 26, 1992 as emergency measure; April 24, 1992 as emergency measure effective April 24, 1992; April 24, 1992 effective May 13, 1992.

§482.3 Standards for approving career and related training.

Career and related training will be considered for approval if it is offered by a competent and reliable agency and will enhance the claimant's regular long-term employment opportunities or provide assistance where employment opportunities are or may be substantially impaired. The training need not consist of a single course or activity, nor even be given by a single agency, so long as the training is related to a single occupational goal.

Historical note: Section filed October 1, 1991 as emergency measure; December 23, 1991 as emergency measure, expired 60 days after filing; February 26, 1992 as emergency measure; April 24, 1992 as emergency measure effective April 24, 1992; April 24, 1992 effective May 13, 1992.

§482.4 Standards for approving an individual for career and related training.

The course or training will upgrade the claimant's existing skill or train the claimant for an occupation likely to lead to more regular long-term employment.

Employment opportunities for the claimant are or may be substantially impaired because of:

  • existing or prospective conditions of the labor market in the locality or in the State or reduced opportunities for employment in the claimant's occupation or skill; or
  • technological change, plant closing or plant removal, discontinuance of specific plant operations, or similar reasons; or
  • limited opportunities for employment throughout the year due to the seasonal nature of the industry in which the claimant is customarily employed; or
  • the claimant's personal traits such as physical or mental handicap.

The course or training relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in the State.

The course or training is offered by a competent and reliable agency and does not require more than 24 months to complete except that the individual may be considered for approval at a later date when the course or training period remaining is 24 months or less.

The claimant has the required qualifications and aptitudes to complete the course or training successfully.

Approval of the individual for training for unemployment insurance purposes is required by another law.

Historical note: Section filed October 1, 1991 as emergency measure; December 23, 1991 as emergency measure, expired 60 days after filing; February 26, 1992 as emergency measure; April 24, 1992 as emergency measure effective April 24, 1992; April 24, 1992 effective May 13, 1992.

§ 482.5 Additional factors for exercising discretion.

The commissioner may exercise discretion to consider other relevant factors for disapproving training in order to prevent inappropriate use of unemployment insurance funds such as the claimant does not demonstrate that he or she is achieving the competencies being taught. For good cause shown, the commissioner may waive a standard not required by statute in order to approve training. In order to establish good cause, the applicant for a waiver must demonstrate that compliance with the regulation is impossible or would cause extreme hardship to an applicant, and present convincing evidence that participation in proposed training is likely to lead to long-term employment even though the training does not meet the regulatory standards.

A claimant attending an approved training course or program under this section may receive additional benefits of up to 104 effective days following exhaustion of regular and, if in effect, any other extended benefits, provided that entitlement to a new benefit claim cannot be established. Certification of continued satisfactory participation and progress in such training course or program must be submitted to the commissioner prior to the payment of any such benefits. The duration of such additional benefits shall in no case exceed twice the number of effective days of regular benefits to which the claimant is entitled at the time the claimant is accepted in, or demonstrates application for appropriate training. In no event shall a claimant receive additional benefits for more than 48 effective days based on the time elapsed between the date claimant is accepted in or demonstrates application for appropriate training and the date the claimant begins such training.

Historical note: Section filed October 1, 1991 as emergency measure; December 23, 1991 as emergency measure, expired 60 days after filing; February 26, 1992 as emergency measure; April 24, 1992 as emergency measure effective April 24, 1992; April 24, 1992 effective May 13, 1992.

§482.6 Determining the availability of funds and payment of additional benefits.

Approval to receive additional benefits while attending approved career and related training is subject to the availability of funds. The commissioner has established uniform procedures for denying additional benefits to individuals when sufficient funds are not available, and for payment of additional benefits respectively in the event additional funds become available at a later time.

At the beginning of each program year, to the extent funds are available, the commissioner will establish the priority for the payment of committed funds as follows:

  • the accrued obligations from the prior program year for individuals who were previously approved for additional benefits and who remain eligible to receive additional benefits;
  • the amounts needed to pay prospective additional benefits to otherwise eligible individuals who were previously not paid additional benefits because funds were not available; and
  • the amounts needed to pay new claimants who are otherwise eligible for additional benefits.

The commissioner will determine the availability of funds on an ongoing basis by subtracting actual expenditures and committed funds from the amount of money allocated by the Legislature to pay additional benefits in the program year.

  • When the sum of actual expenditures and committed funds equal or exceed the amount of money allocated by the Legislature for any program year, new applications for the payment of additional benefits will not be authorized.
  • At the time that the commissioner determines that additional funds have become available, new applications for payment of additional benefits will be authorized and paid pursuant to subdivision (c) of this section.

In the event an individual is not approved for additional benefits because funds are not available, the individual will have priority to receive additional benefits prospectively pursuant to subdivision (a) of this section if additional funds become available and the individual is still attending the same approved career and related training. Such priority will be determined based on the date that the individual was approved by the commissioner for such career and related training. Prospective benefit payments will commence as of the date that the commissioner determines that funds are available and the individual is eligible to receive additional benefits.

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