Utah Admin. Code 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;
(b)
employment;
(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.
Notes
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