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

(1) "Conference" means a meeting, seminar, discussion, or other similar event where the principal presentation, in the format of a lecture or similar presentation, is the primary purpose, and participation by attendees is a secondary purpose.

(2) "Credential" means a nationally recognized degree or certification or state-recognized credential. Credentials include, but are not limited to post-secondary degrees/certificates, recognized skill standards, licensure or industry-recognized certificates (i.e., ASE car repair, Hazmat, CAN, CDL, Boiler Operator, Flag Person, Heavy Equipment Operator, etc.), and all state education agency recognized credentials.

(3) "Predominately year-round job" means a position that provides work in at least 11 months of a 12-month period.

(1) In order to qualify for reimbursement, training must:

(a) be provided by an eligible training provider; and

(b) consist of:

(i) skills-based training that meets the criteria contained in (4);

(ii) certified training that meets the criteria contained in (5); or

(iii) online training that meets the criteria contained in (6).

(2) A training provider is eligible to provide training if the trainer is:

(a) a qualified educational institution recognized under 53-2-1216, MCA;

(b) a registered apprenticeship program that is in compliance with Title 39, chapter 6, MCA; or

(c) an entity or individual approved by the department, meeting the criteria contained in (3), to provide workforce training.

(3) An entity or individual may be approved by the department to provide workforce training. The department may, in its discretion, reduce a grant or disapprove an individual or entity if the costs or rates are significantly in excess of costs or rates of similar training. The individual or entity may be approved based on one or more of the following criteria:

(a) the trainer can demonstrate substantial experience and background in the industry or occupational field relevant to the proposed course of training;

(b) the trainer possesses industry-recognized competency in the subject matter of the proposed training, as demonstrated by a certificate or similar credential issued by a bona fide industry source or organization; or

(4) Skills-based training:

(a) is training that:

(i) increases the quality of tasks an incumbent worker is able to perform;

(ii) increases the number of types of tasks an incumbent worker is able to perform; or

(iii) provides the ability to demonstrate that the incumbent worker is able to execute new tasks, or old tasks in new ways, as a direct result of the training; but

(b) does not refer to training that generally increases an incumbent worker's knowledge of a topic area or areas.

(5) Certified training must result in a nationally recognized or industry-recognized credential being awarded in recognition of attainment of a measurable technique or occupational skill, based on standards developed or endorsed by employers.

(6) Training must include direct, live access to the trainer.

(1) The employer that is seeking grant funding must pay for all training and associated expenses "up front," and then seek reimbursement from the department for eligible expenses after the training is completed.

(2) Grant funding may be used to purchase:

(a) skills-based training or certified education as outlined in ARM 24.22.327;

(b) required materials and supplies, as identified by the course syllabus or the trainer; and

(3) Grant funding can reimburse the employer at a rate not to exceed:

(a) 80 percent for the cost of training paid to the training provider, and for associated required training expenses, such as books;

(b) 80 percent for in-state transportation and lodging costs reasonably incurred, if required to attend training; and

(4) The unreimbursed portion of allowed training, travel, and lodging expenses that the employer pays for is referred to as "matching funds" or "the matching share." The matching share paid by the employer may include:

(a) the cost of tuition, fees for certified education, or the cost of skills-based training;

(b) the cost of educational materials, training supplies, or lab fees required for training;

(d) in-state transportation and lodging costs required for training, calculated at the current state of Montana rate; and

(e) any costs incurred for training that are above the allowable grant cap.

(5) Wages, at the regular hourly rate, paid by the employer to an employee who is undergoing required training, for the time spent in training and in transit to and from the training site may be claimed as a credit for the matching share.

(a) Wages paid may not be credited as the matching share for any portion of out-of-state transportation and lodging costs paid by the employer.

(b) Sole proprietors may not use their own wages to meet the matching share requirements.

(1) The department shall make available incumbent worker training grant application forms, which a business entity must complete for the purpose of applying for a grant award.

(2) The fiscal year for this program is from July 1 through June 30. A business entity may submit an application during the fiscal year for eligible training that will begin by June 20th of that same fiscal year.

(3) The department shall verify that the applicant is an employer and that the information contained in the application is accurate and complete.

(4) The department shall evaluate the application based upon the incumbent worker training program grant award criteria provided in 53-2-1218, MCA, and make a determination as to:

(a) whether a grant should be awarded; and

(b) the amount of the grant award.

(5) Applications submitted to the department for grant funding must be submitted as follows:

(a) applications may be submitted by:

(i) the employer;

(ii) a direct employee of the employer; or

(iii) a grant writer designated by the employer.

(b) applications submitted by anyone other than those listed in (a) will not be accepted.

(6) Applications must address, at a minimum, the following:

(a) the goals of the proposed training of incumbent workers;

(b) the anticipated economic benefits to the employer from the training;

(d) the costs of the training.

(7) The application must also include:

(a) a course description of the training to be provided; and

(b) either a training schedule or course curriculum, sufficient for the department to determine if the proposed training meets the required criteria.

(8) Applicants requesting incumbent worker training grant funding for training provided by a department-approved training provider as allowed by 53-2-1216, MCA, must provide sufficient information for the department to determine the industry-recognized competency in the subject matter to be taught. Information about the proposed trainer should include, but is not limited to:

(a) the trainer's professional biography; and

(b) the trainer's professional resume, including any industry-recognized credentials earned by the trainer.

(9) Applications must be received by the department with sufficient time for processing. Generally, 14 calendar days prior to the date training begins is sufficient for the department to:

(a) verify completeness of the application; and

(b) evaluate eligibility in accordance with the incumbent worker training program grant award criteria that are provided by 53-2-1218, MCA.

(10) The department shall review the expenditures of the incumbent worker training program throughout the fiscal year. When funds are depleted before the end of the fiscal year, the department may suspend the grant program until the beginning of the next fiscal year.

(1) The department provides grant funding on a first-come, first-served basis, in accordance with the receipt by the department of a complete application for funding.

(a) As required by 53-2-1218, MCA, applications will be reviewed based on funding evenly distributed across fiscal year quarters and by employer size. Funding not used during a quarter will be carried over to the next quarter to employers of any size. Funding assigned to the program but not utilized during the fiscal year will not be carried forward. During the quarter from July 1, 2023, through September 30, 2023, solely employers with 50 or fewer workers are eligible for grants.

(b) Although incumbent worker training grants are generally available on a first-come, first-served basis, the department reserves the right to defer the review of multiple grant applications submitted by any single employer, in order to provide funding to employers on an equitable basis.

(c) Applications for which review has been deferred will be reconsidered and evaluated on a quarterly basis during the state fiscal year in which the application was submitted. An employer's successful use of grant funding for completed training during the current year or previous years is a factor which will generally weigh in favor of additional applications being granted during the year.

(2) The department shall award incumbent worker training grant funds to employers in accordance with the grant award criteria set forth by 53-2-1218, MCA.

(3) The department shall award incumbent worker training grant funds only to employers who have demonstrated that incumbent worker training is an integral part of a plan for worker retention, skill improvement, or wage enhancement. The plan is demonstrated by the information provided on the grant application.

(4) The department shall award incumbent worker training grant funds on a prospective basis only and may not award grant funding to an employer for training that occurred prior to the date upon which the application was approved by the department.

(5) The department shall award incumbent worker training grant funds only for training that is completed in less than a year.

(6) The following are not eligible for incumbent worker training grant funding:

(a) continuing education that is necessary to maintain a license or certification;

(b) conferences, except that training that occurs in conjunction with a conference may be permissible;

(c) training customarily provided or required by the employer or the industry. This includes new employee training and training required to perform the duties the incumbent worker was hired to perform; and

(d) periodic updates regarding laws or product lines.

(7) Grants are funded on the basis of the state fiscal year. Funding may not exceed:

(a) $1,000 per incumbent worker working an average of 20 to 34 hours a week, predominantly year round; and

(b) $2,000 for applications received between July 1, 2023, and September 30, 2023, and $2,500 for applications received on or after October 1, 2023, per incumbent worker working an average of 35 or more hours a week, predominantly year round.

This rule has been repealed.

(1) An employer may request to amend an application by contacting the department. An amendment will change the submission date of the application.

(2) An employer may request a modification to an approved grant by submitting a modification request form.

(a) In order to determine whether the modification will be approved, the following changes must be received before training begins:

(i) changes to the person or entity designated as the trainer;

(ii) changes to the training delivery, method, or location; and

(iii) a change in attendees of the training.

(b) A request for a change of the training completion date must be received prior to the date upon which the previously approved training was to be completed.

(1) Reimbursement of expenses will be made after the employer has purchased and completed the approved training as outlined on the application. The employer has 30 calendar days from the date of training completion to submit a reimbursement claim which includes:

(a) a receipt for the training issued by the trainer;

(b) receipts for other approved costs issued by the vendor; and

(1) An employer has the right to appeal when the department:

(a) decides not to award grant funding for incumbent worker training; or

(b) awards less grant funding than requested.

(2) If an employer disagrees with the department's decision to not approve an application, or to approve less funding than was requested, the employer may either:

(a) request an administrative review within 30 calendar days of the date of the notice of the department's decision regarding the application. The employer may seek informal administrative review of a decision by submitting a written request for an administrative review to the department: Department of Labor and Industry, Incumbent Worker Training Program, P.O. Box 1728, Helena MT 59604-1728, or electronically to [email protected]; or

(b) request a contested case proceeding within 20 calendar days of the date of the notice of final decision of the department, which may be the result of an administrative review requested pursuant to (a). The employer shall submit a written request to the department for a contested case proceeding, pursuant to Title 2, chapter 4, MCA, at the address provided in this rule.

(3) The employer bears the burden of demonstrating that the action by the department constitutes an abuse of discretion.

This rule has been repealed.

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

(1) "Employment" means a student's work in a high-quality work-based learning opportunity.

(2) "Enrolled" means a student is participating in or has successfully completed a qualified high-quality work-based learning opportunity.

(3) "Safety instruction" means learning activities, as generally described in ARM 24.30.2521, which teach about safety issues pertaining to the specific high-quality work-based learning opportunity. The methods, materials, and resources should be standard for the industry of the employer.

(4) "Safety training program" means the process which provides employees with knowledge and skills to perform work in a way that is safe for the individual employee and their co-workers as generally described in ARM 24.30.2521. It includes instructions and guidelines to identify hazards, report them, and deal with incidents.

(5) "Student" means an individual enrolled in a high-quality work-based learning opportunity through a public or private secondary school, multidistrict cooperative, home school providing secondary instruction, or equivalent educational provider.

(6) "Term-limited educational program" means a high-quality work-based learning opportunity established for a specified time.

(7) "Workers' compensation premium" means the premiums that the employer pays for each student's workers' compensation coverage while the student is employed in a high-quality work-based learning opportunity.

(1) A high-quality work-based learning opportunity features a partnership between employers and schools or other educational providers to provide students with structured learning both in the classroom and at the employer's job site. It must include the following:

(a) an agreement satisfying 20-7-307(1), MCA;

(b) paid wages;

(c) at the start of the student's employment, a minimum of two hours of safety instruction through a safety training program that is specific to the student's employment;

(d) compliance with all federal, state, and local laws and regulations relating to the student's employment; and

(e) academic credit.

(2) A high-quality work-based learning opportunity is qualified upon completion, whether the term-limited educational program has concluded or not.

(1) The employer that is seeking reimbursement must pay the student's workers' compensation premiums "up front" and then seek reimbursement from the department for eligible expenses after the high-quality work-based learning opportunity is qualified.

(2) Reimbursement is limited to the employer's workers' compensation premiums for a student's qualified high-quality work-based learning opportunity.

(3) Reimbursement is not guaranteed. Reimbursement is subject to available funds and will be paid on a first-come, first-served basis as determined by the date of the application submitted on the department's portal.

This rule has been repealed.

(1) Within 45 days of the date of qualification of the high-quality work-based learning opportunity, the employer shall complete an application electronically through the department's portal and provide all required documents. The application must include:

(a) an affidavit or declaration attesting to the workers' compensation premiums paid per semester for students employed in a high-quality work-based learning opportunity;

(b) a fully executed copy of the agreement satisfying 20-7-307(1), MCA;

(d) that the employer adheres to safe working conditions and that the first two hours, at a minimum, of the student's employment were devoted to safety instruction through a safety training program that is specific to the student's employment;

(e) that the amount sought is only for the workers' compensation premiums for a student employed in a qualified high-quality work-based learning opportunity;

(f) that the employer complied with all federal, state, and local laws and regulations regarding student employment;

(g) any other documents that the department requires to process payment; and

(h) a declaration pursuant to 1-6-104, MCA, that the information is true and correct to the best of the employer's knowledge.

(3) An employer may amend a pending application for reimbursement by submitting an amended application or supporting documents on the department's portal. An amended application is deemed submitted on the date of the amendment.

(4) The department will verify the information submitted to ensure that it is complete and accurate.

(1) The department shall evaluate each application and make a determination as to:

(a) whether the application is complete and accurate; and

(b) the amount of the reimbursement.

(2) If the department is satisfied that an employer's application is complete and accurate, the department will issue the reimbursement subject to funding.

(3) Because funding is limited, consistent with the department's intent to encourage as many different employers as possible to hire students in high-quality work-based learning opportunities, the department reserves the right to defer reimbursement for multiple students employed by a single employer. In the event of deferral, the department will notify the employer in writing. Applications for which review has been deferred will be considered and evaluated on a quarterly basis as funding allows.

(4) If the department denies an application for reimbursement, the employer may submit an amended application.

(1) An employer has the right to appeal when the department:

(a) decides not to reimburse an employer for workers' compensation premiums; or

(b) awards less than the reimbursement requested.

(2) If an employer disagrees with the department's decision to not approve an application, or to approve less money than was requested, the employer may:

(a) request an administrative review within 30 calendar days of the date of the notice of the department's decision regarding the application by submitting a written request for an administrative review to the department: Department of Labor and Industry, Work-Based Learning Program, P.O. Box 1728, Helena, MT 59624-1728, or electronically to [email protected].

(b) If the employer is dissatisfied with the decision from the administrative review, the employer may submit a written request for a contested case proceeding, pursuant to Title 2, chapter 4, MCA, within 20 calendar days of the date of the notice of final decision of the department, which may be the result of an administrative review requested pursuant to (a).

(3) The employer bears the burden of demonstrating that the action by the department constitutes an abuse of discretion.