For the purposes of this chapter, the following definitions apply:

(1) "Contracted agency" means a private nonprofit or for-profit entity that has entered into a written contract with the state to provide workforce development services pursuant to the HELP Act program.

(2) "DLI" means the Department of Labor and Industry provided for in 2-15-1701, MCA.

(3) "DPHHS" means the Department of Public Health and Human Services provided for in 2-15-2201, MCA.

(4) "HELP Act" means the provisions of Title 39, chapter 12, MCA, and Title 53, chapter 6, part 13, MCA.

(5) "Job Service office" means any of the various employment offices around the state that are operated by DLI, which are open to the public for the purpose of facilitating the exchange of labor between job seekers and job offerors.

(6)  "Program participant" must be an individual who is actively enrolled in the department's HELP-Link workforce development program and is receiving services and assistance from a DLI contracted agency.

(7) "Services and assistance" means help from activities related to the participant finding suitable employment or related to an employer finding qualified employees.

(8) "Workforce development program" means the full range of assistance and services provided to program participants and employers.  The programs and services shall help individuals to enter the workforce or obtain better-paying jobs, and the programs and services help employers to obtain and maintain qualified employees.

(1) DLI delivers HELP Act services and assistance to participants through its contracted agencies.

(a) The types of services and assistance available to participants through contracted agencies generally fall in to one of the following four categories:

(i) career services;

(ii) training services;

(iii) worksite learning services; and

(iv) supportive services.

(b) Participants may also be eligible for referral to other workforce development programs, qualified training providers, employers, and any other suitable program or service provider.

(2) A participant's initial service must consist of an assessment. An assessment is a formal evaluation of the participant's:

(a) occupational talents, skills, and potential for increasing economic self-sufficiency; and

(b) probable barriers to employment.

(3) After having obtained an assessment, in order to become a program participant, the individual must develop an approved employment goal in a high-wage and in-demand career field.

(4) A program participant will remain active as long as the individual continues to actively participate in the education, training, or worksite learning activities identified to reach their approved employment goal.

This rule has been repealed.

As used in this subchapter, the following definitions apply:

(1) "Applicant" means an employer that is seeking a grant.

(2) "Client" means an individual participating in the HELP-Link program offered by the department, or an individual who is eligible to participate in the HELP-Link program.

(3) "Department" means the Department of Labor and Industry.

(4) "Employer" means a for-profit business, a nonprofit business, or a public entity that:

(a) is properly registered with the secretary of state to conduct business as:

(i) a sole proprietor, if required;

(ii) a corporation;

(iii) a partnership;

(iv) a limited liability company; or

(v) an unincorporated association; and

(b) has Montana operations.

(c) The term does not include an entity of state government or temporary services contractors as defined by 39-8-102, MCA.

(5) "HELP-Link" means the workforce development program operated by the department to identify workforce development opportunities focusing on specific labor force needs within the state of Montana and for other purposes as provided by Title 39, chapter 12, part 1, MCA.

(6) "Skills-based training" means training which allows the client to obtain job-specific knowledge and abilities that are relevant to work performed by employees of the employer. Skills-based training must increase the quality of tasks a client can perform, increase the number of tasks a worker can successfully perform, or provide the ability to demonstrate that a worker can execute old tasks in new ways as a direct result of the training.

(1) Grant funding may only be provided to employers on behalf of clients.

(2) An employer seeking to apply for grant funding may contact the department to verify the employer's employee is a client. The department may verify the employee's client status upon a sufficient showing that the employer employs the employee. Requests for verification of client status may be addressed to [email protected].

(3) A client's eligibility for grant funding is determined on the date of application and approval of the application. Eligibility does not terminate if the client loses eligibility to participate in the HELP-Link program during the grant period. 

(1) The following are examples of expenses for which grant funds may be used by employers for clients to meet the purposes set forth in 39-12-106, MCA:

(a) fees (tuition) for training program provided by third party vendor;

(b) cost of training materials purchased;

(c) tools and durable personal protective equipment (PPE);

(d) reasonable travel and per diem for out-of-town travel to attend training, at an amount not to exceed the rates allowed to public employees traveling on official business; and

(e) other reasonable out-of-pocket employer-paid expenses, including client wages, if approved as part of the grant award.

(2) The department reserves the right to reimbursement for grant funds paid which are used for any non-approved purpose.

(1) The department shall make available workforce development grant application forms which an applicant must complete for the purpose of applying for a grant award. At minimum the application must address the purpose of the grant and its benefit to the client.

(2) Upon receipt of an application, the department will determine whether the application is complete. The department may at its sole discretion and at any time request additional information from an applicant for use in evaluating the application. The applicant may amend or withdraw a grant application before the department notifies the applicant of its decision whether to fund the grant.

(3) The department will review all applications pursuant to ARM 24.13.213.

(4) The department shall notify the applicant in writing of the department's decision to approve or reject a grant application following evaluation of the application. A notice approving the application must specify the amount approved for the grant.

(5) An applicant aggrieved by the department's decision may utilize the procedure set forth in ARM 24.13.219.

(1) The department shall evaluate a grant application on the basis of the content of the written grant application and any documents or materials submitted by the applicant as part of the application.

(2) The department shall evaluate grant applications in the order in which they are received. The date of receipt is the date on which the application is determined to be complete or the last date on which it is amended, whichever is later.

(3) In addition to the criteria set forth in 39-12-106, MCA, the department shall consider the following matters when evaluating a grant application:

(a) whether the proposal reasonably relates to the employer's Montana business operations;

(b) whether the proposed outcomes (completion rate and amount of economic improvement) are readily measurable;

(c) whether the proposal duplicates other resources that are available to the applicant; and

(d) the significance of the impact of the grant in furthering the purposes of the HELP Act.

(4) The department may consider such other matters as may be pertinent to the evaluation, including but not limited to whether the employer has complied with other grants previously awarded by the department.

(5) The department may award a grant for less than the full amount requested.

(6) In the event that an employer applies for multiple grants, or for multiple clients, the department may, in its discretion, deny some or all of those multiple applications in order to provide equitable treatment to other grant applicants in the distribution of grant awards. Such denial does not preclude an employer from applying in the future, so long as the client remains eligible.

(1) Grant funding is limited by the appropriations available for the grants.

(2) The amount of a grant that is awarded is the maximum payable for the grant. The actual disbursement of grant funds is conditioned as provided by this rule.

(3) A client is eligible for a maximum $5,000 grant.

(4) Grants are generally funded on a "first come, first served" basis, based upon the evaluation of the applications as provided by ARM 24.13.213.

(5) Payment of a grant may either be made directly to a vendor or as a reimbursement to an employer. Only preapproved, verified, and actual expenses are eligible for payment.

(a) For direct payment to a vendor, the employer must provide the department the invoice for the grant-covered purchase. If approved, the department will make payment within 30 days.

(b) For a reimbursement payment, the employer must provide the department documentation of the purchase made, including without limitation, proof of purchase and cost within 30 days of the purchase. If approved, the department will make payment within 30 days.

(6) The department shall require that the employer enter into a financial agreement regarding use of the grant funds, audit rights, and other matters related to ensuring the proper expenditure of public funds. 

(1) Only an applicant has standing to request a hearing. A request for a hearing may be made when there has been a denial of:

(a) a grant application;

(b) the full amount requested in a grant application that has otherwise been awarded; or

(c) a reimbursement request for a specific expense.

(2) A request for a hearing must be made in writing within 30 days of the date of mailing of the notice of denial. The request must identify the denial being disputed, and the basis upon which the dispute is being made. The request for the hearing must be sent to [email protected].

(3) A hearing requested pursuant to this rule will be conducted under the informal contested case procedures provided by 2-4-604, MCA, under the Montana Administrative Procedure Act.

(4) In a hearing under this rule:

(a) the applicant has the burden to show that the department abused its discretion in making a determination or otherwise failed to provide a fundamentally fair process in its decision making; and

(b) the applicant bears the burden of proof and the burden of production of evidence.

(5) A party that receives an adverse final decision under this rule may appeal to District Court in the manner provided by the Montana Administrative Procedure Act.