Wyo. Code R. 053-0002-1
General Agency, Board or Commission Rules
Chapter 1: Business Training and Outreach Division
Effective Date: 11/04/2003 to 11/16/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0002.1.11042003
BUSINESS TRAINING AND OUTREACH DIVISION
(a) The Workforce Development Training Fund is created to enhance employment opportunities and to meet the training needs of existing and new industries in the state.
(b) The program shall give priority to training for jobs that offer wages equal to or greater than the state average weekly wage and benefits such as vacation leave, sick leave and health insurance coverage.
(c) The Business Training and Outreach Division, within the Department of Workforce Services (DWS) is authorized under the DWS Act W.S. 9-2-2601 (c), W.S. 9-2-2602 (b) (vi) and the Wyoming Administrative Procedures Act, W.S. 16-3-101 et. seq. to promulgate rules and regulations to be used by the Division in the discharge of its functions. The Workforce Development Training Fund is authorized under W.S. 9-2-2604 (c).
(a) Eligible Employers. Any employer who is not a government agency is eligible to participate in training grants. County hospitals are eligible.
(b) Employer Certification. A grant shall not be awarded unless the employer requesting funds certifies that:
(i) The employer is creating new jobs in the state either as a new employer, or through expansion, or relocation from another state; or
(ii) A change occurred in the skills required in the employer's business because of technological changes, specialized training needs, or other factors; and
(iii) A job or job opening exists or shall exist at the end of the training for which the grant is sought; and
(iv) The job or job opening shall be filled by a trainee; and
(v) The post-training starting wage for a new job created through the grant shall be equal to or greater than seventy-five percent (75%) of the county average weekly wage or seventy-five percent (75%) of the county average weekly wage by industry, not to be lower than one hundred twenty percent (120%) of the federal minimum wage. The county average weekly wage is derived from the total wages reported by private employers through the administration of the Employment Security Laws; and
(vi) The employer is in compliance with the requirements of Wyoming's unemployment and workers' compensation programs and is registered with the Secretary of State, if required.
(i) A grant application shall be filed with DWS on the official form that includes a staffing and training plan, which covers:
(A) The number and kind of jobs for which training is provided and the full-time or part-time status of each job;
(B) The skills and competencies required for the identified jobs;
(C) The wages to be paid to trainees upon successful completion of the training;
(D) The goals, objectives, and outcome measures for the grant;
(E) The proposed curriculum for the grant; and
(F) The projected cost per person enrolled, trained, hired, and retained in employment.
(ii) When the grant involves an existing business and the grant request exceeds five thousand dollars ($5,000.00), a letter of support shall be included with the application. The letter of support shall be from the local or regional economic development entity or the local chamber of commerce if an economic development entity does not exist.
(iii) When the grant involves a new employer, a letter of support from the mayor, local council, or county commissioners shall be included with the application.
(d) Priority to Residents. The individual being trained shall be a resident of this state at the start of the training.
(i) The Director of DWS may approve any grant application that meets the requirements of Sections 2 (a) through (d) of these rules.
(ii) If the grant is approved and funds are available, DWS shall enter into a contract with the grant applicant.
(iii) Funds shall be paid directly to the employer.
(i) Reimbursable costs in the contract shall include only those expenses related to direct training in job-related skills and administrative costs.
(ii) Reimbursement of the gross wages of trainees while engaged in a training activity is allowable as long as the activity does not produce revenue for the employer and the training is provided for a newly created job.
(iii) If the trainee’s activity does produce revenue, direct training costs, other than wages, shall be considered for reimbursement.
(iv) Reimbursement of training costs may be prorated if the position being trained is less than full-time. Full-time means thirty-five (35) or more hours worked in a week.
(v) Total administrative costs for any grant shall not exceed ten percent (10%) of the grant’s expenditures.
(i) Each contract shall provide a schedule for payment of workforce development funds.
(ii) Twenty-five percent (25%) of the grant award shall be withheld by DWS for ninety (90) days after the date of completion of the training.
(A) The amount of the grant award withheld shall be remitted to the employer for each trainee covered in the grant that:
(I) Has completed the training;
(II) Has been retained in employment for a ninety (90)-day period after the date of completion of the training; and
(III) Is making the required wage after training as specified in Section 2 (b) (v) of these rules.
(B) For each trainee who does not meet the requirements in Section 2 (g) (ii) (A) of these rules:
(I) The twenty-five percent (25%) withheld shall not be remitted to the employer, and
(II) The employer shall be required to repay the seventy-five percent (75%) of the grant award that was previously paid to the employer.
(C) When the employer is required to repay DWS, the repayment shall be made to DWS no later than thirty (30) days after the end of the training.
(D) The employer may seek a waiver of this repayment for good cause.
(a) Application Process
(i) Pre-employment grants may be awarded to an employer association, trade union, private training entity, a community college, or the University of Wyoming. (ii) Applicants for such a grant may apply through the State's Request for Proposal (RFP) process.
(b) Grant Criteria. Training grants shall be awarded or denied based on the following criteria:
(i) The training shall be for an occupation determined to be a growth occupation, a demand occupation, or a projected demand occupation in Wyoming, as determined by the Research and Planning Section of the Department of Employment. (ii) The starting wage of the occupation the training is for shall be at least seventy percent (70%) of the state average weekly wage determined under W.S. 27-3-303 (a). (iii) Grant applications shall be evaluated and a numerical score assigned based on the following criteria:
(A) The need for the training and the occupation that is the subject of the training; (B) The cost of the training; (C) The anticipated average weekly wage of the trainees upon completing the training and obtaining a job; (D) The job skills needed in the community; and (E) The past experience, if any, of the applicant in providing training.
(c) Award Process
(i) Grant applications shall initially be reviewed by a panel consisting of six (6) individuals to include:
(A) The Director of the Department of Employment or his/her designee;
(B) The Chairperson of the Unemployment Insurance Commission or his/her designee;
(C) The Chairperson of the Wyoming Workforce Development Council or his/her designee;
(D) The Chief Executive Officer of the Wyoming Business Council or his/her designee;
(E) A representative from the Governor's office; and
(F) A representative from DWS.
(ii) The members of the panel shall assign a numerical score to each grant application based on how well the requirements of the RFP have been met. The panel shall compile a total score and make a recommendation to the Director of DWS regarding whether or not to award the grant.
(iii) The panel may request a grant applicant to clarify its grant application and approve the grant application as modified.
(iv) Based on the recommendations of the panel, the Director of DWS shall make the final decision on which grant applications to fund.
(v) The Director of DWS shall notify grant applicants of the final decision by certified mail.
(vi) The Director of DWS may approve any grant application that meets the requirements of Sections 3 (a) and (b) of these rules, based on the recommendation of the panel.
(d) Appeal Process
(i) Any grant applicant dissatisfied with the final decision may file an appeal.
(ii) All appeals shall be mailed through the United States postal service to the DWS Director's office and postmarked no later than fifteen (15) calendar days from the date the final decision was received.
(iii) If an appeal is not timely filed, the Director's decision is otherwise final.
(iv) If an appeal of the Director's decision is timely filed, the appeal shall be considered by the Governor.
(v) The Governor shall issue a final decision within thirty (30) days of the date of the postmark of the appeal.
(e) Contract and Payment
(i) In the event there are not enough funds available for all the grant applications that have been approved, grant applications shall be awarded in the order of the numerical score assigned to the grant application beginning with the highest score.
(ii) If the grant application is approved and funds are available, DWS shall enter into a contract with the grant applicant.
(iii) Payment is made according to the schedule negotiated in the contract.
(f) Required Reports. Contractors shall submit monthly reports outlining:
(i) The training provided;
(ii) The number of individuals starting and completing training;
(iii) The number of trainees finding a job after training; and
(iv) The amount of money expended.
(a) The Director of DWS shall report to the Governor and the legislature at the end of each fiscal year on the status of the program.
(b) The annual report shall include for that fiscal year:
(i) The number of employers and training entities that received grants under the program;
(ii) The total amount of grants awarded;
(iii) The value, expressed in dollars and as a percentage of total training expenditures, of matching contributions made by employers;
(iv) The number of existing businesses that received grants under the program and the total amount of the grants awarded to those businesses;
(v) The number of businesses that relocated to the state that received grants under the program and the total amount of the grants awarded to those businesses;
(vi) The total number of jobs created, enhanced, or retained under the program, reported by region, industry and by occupation;
(vii) The wage levels of trainees after training; and
(viii) Any earning increases that occurred after training.