Wyo. Code R. 053-0018-33
Unemployment Insurance
Effective Date: 11/01/2001 to 12/06/2001 Rule Type: Repealed Rules & Regulations Reference Number: 053.0018.33.11012001
Section 1. In General. 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. 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. Government agencies, except county hospitals, are not eligible to participate in this fund except as provided in Section 3.
Section 2. Employer Grant Requirements. Grants may be awarded for projects that meet the requirements of this chapter.
(a) A grant may not be awarded unless the employer requesting funds certifies that:
(i) A job or job opening exists or will exist at the end of the training for which the grant is sought.
(ii) The job or job opening will be filled by a trainee.
(iii) The post training starting wage for a new job created through the project will be equal to or greater than 75 percent of the county average weekly wage or 75 percent of the county average weekly wage by industry, not to be lower than 120 percent of the federal minimum wage. The county average weekly wage is determined from the total wages reported by private employers through the administration of the Employment Security Laws.
(iv) The employer is creating new jobs in the state through expansion or relocation from another state.
(v) A change occurs in the skills required in the employer’s business because of technological changes, specialized training needs, or other factors.
(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.
(b) Application Contents. A grant application must be filed with the Department of Employment on a form that includes a staffing and training plan, including:
(i) The number and kind of jobs for which training is provided and the full time/part time status of each.
(ii) The skills and competencies required for the identified jobs.
(iii) The wages to be paid to trainees upon successful completion of the training.
(iv) The goals, objectives, and outcome measures for the project.
(v) The proposed curriculum for the project.
(vi) The projected cost per person enrolled, trained, hired, and retained in employment.
(vii) A letter of support from the local or regional economic development entity or the local chamber of commerce if an economic development entity does not exist and provided that the grant request exceeds $5,000.
(viii) A letter of support from the mayor, local council, or county commissioners if the project involves a new employer.
(c) Priority to Residents. The individual being trained must be a resident of this state at the start of the training.
(d) Contract and Payment. The Director of the Department of Employment may approve any project that meets the requirements of this chapter. If the project is approved and funds are available, the Department of Employment shall enter into a contract with the grant applicant. Funds will be paid directly to the employer.
(i) Reimbursable costs in the contract may include only those expenses related to direct training in job-related skills and administrative costs. 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. If the trainee's activity does produce revenue, direct training costs, other than wages, will be considered for reimbursement. Reimbursement of training costs may be prorated if the position being trained is less than full time. Full time means thirty-five or more hours worked in a week. Total administrative costs for any project may not exceed 10 percent of the project's expenditures.
(ii) Each contract must provide a schedule for payment of workforce development funds. Twenty-five percent of the grant award shall be withheld by the Department for 90 days after the date of completion of the training. If all of the trainees in the project have been retained in employment for that 90-day period, the amount of the grant award withheld shall be remitted to the employer. For each trainee who is not retained in employment for that 90-day period, the amount withheld shall be reduced by the amount of the training costs derived from grant money for that trainee. Any balance shall be remitted to the employer. If there is a negative balance, the employer is liable for the amount of the negative balance and shall remit that amount to the Department no later than the 30th day after the date on which the employer is notified of the negative balance by the Department. The employer may seek a waiver of this repayment for good cause.
(a) Applications. Annual grants may be awarded to an employer association, trade union, private training entity, a community college, or the University of Wyoming. Applicants for such a grant may apply through the State's Request for Proposal (RFP) process. Applications will initially be reviewed by a panel. This panel shall consist of five (5), three (3) employees of the Department of Employment and two (2) people that are not state employees. The members of the panel should be appointed annually for a one-year term by the Director of the Department of Employment, subject to the approval of the Unemployment Insurance Commission. The panel will assign a numerical score to each application and make a recommendation to the Director of the Department of Employment. The Director will make a decision on which applications to fund. The Director also may request an applicant to modify its training proposal and application and approve the training proposal and application as modified. The Director will notify applicants of the decision on their applications by mail. Any applicant dissatisfied with the decision on its application may file an appeal of the decision within fifteen days of the mailing of the Director's decision to the applicant; otherwise, the Director's decision is final. If an appeal of the Director's decision is filed within the fifteen day time limit, the appeal will be considered by the Governor. The Governor will issue a final decision within thirty days of the filing of the appeal.
(b) Decisions. Training grants shall be awarded or denied based on the following:
(i) The training shall be for an occupation determined to be a growth occupations, 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 of the state average weekly wage determined under W.S. § 27-3-303(a).
(iii) The applications shall be evaluated and a numerical score assigned based on each of the following criteria:
(A) The need for the training and the occupation that is the subject of the training.
(B) 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.
(E) Past experience, if any, of the applicant in providing training.
(c) Contract and Payment. The Director of Employment may approve any project that meets the requirements of this rule, based on the recommendation of the panel. In the event there are not enough funds available for all the training projects that have been approved, grants will be awarded in the order of the higher numerical score assigned to the application. If the application is approved and funds are available for it, the Department of Employment shall enter a contract with the applicant.
(d) Reports by Trainer. The training entity will submit monthly reports outlining the training provided, the number of individuals starting and completing training, the number of trainees finding a job after training, and the amount of money expended.
Section 4. Reports to Governor. The Director of the Department of Employment shall report to the Governor and the legislature at the end of each fiscal year on the status of the program.
(a) The annual report must include for that fiscal year:
(i) The number of employers and entities in Section 3 receiving 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 receive grants under the program and the total amount of the grants awarded to those businesses.
(v) The number of businesses relocating to the state that receive 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.