PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 08-24-098.
Title of Rule and Other Identifying Information: Chapter 296-19A WAC, Vocational rehabilitation, industrial insurance training provider qualification rules for approval of nonaccredited and unlicensed training providers.
Hearing Location(s): Department of Labor and Industries, Tukwila Office Training Room, 12806 Gateway Drive, Tukwila, WA 98168-3311, on October 6, 2009, at 10:00 a.m.
Date of Intended Adoption: December 1, 2009.
Submit Written Comments to: Keith Klinger, P.O. Box 44329, Olympia, WA 98504-4329, e-mail KLIN235@LNI.WA.GOV, fax (360) 902-6362 by October 20, 2009.
Assistance for Persons with Disabilities: Contact Nancy James by September 22, 2009, TTY (360) 902-4379.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules
will assist in the implementation of chapter 72, Laws of 2007
(ESSB 5920), which mandates that L&I develop rules for
approving nonaccredited and unlicensed training providers.
WAC 296-19A-500 Training provider definitions.
| • | "Training provider" defined. |
| • | "Accredited" defined. |
| • | "Licensed" defined. |
| • | An accredited training program or provider. |
| • | A licensed training program or provider. |
| • | Approved apprenticeship programs. |
| • | A training provider on the "eligible training provider list" (ETPL). |
| • | Nonaccredited or unlicensed programs must file a separate application for approval. |
| • | Legal requirements for doing business and providing training services in Washington or other states. |
| • | Financial documentation required of nonaccredited or unlicensed training providers. |
| • | Public entity exemption from financial disclosure requirement. |
| • | Nonaccredited or unlicensed training providers must provide proof of continuous operation for at least two years prior to application for a provider number. |
| • | Public entity exemption from the requirement of two-year continuous operation prior to application requirement. |
| • | An approved nonaccredited or unlicensed training provider must reapply after two years of the most recent application [to] maintain their provider number. |
| • | Public entity exemption from the two-year reapplication requirement. |
| • | The list of documents that a nonaccredited or unlicensed training provider must submit in order to be considered for approval including the catalog, enrollment agreement and collateral documentation describing all aspects of the provider's operation. |
| • | Factors the department will consider when deciding whether to approve a nonaccredited or unlicensed training provider for Washington injured or ill worker[s]. |
| • | The factors include but are not limited to; all of the documents submitted with the application; supervision of staff; student safety; complaints; criminal history of staff; and performance data. |
| • | Nonaccredited or unlicensed providers without a provider number must be approved and receive a provider number as of the effective date of the rule. |
| • | Nonaccredited or unlicensed providers with a provider number must reapply and be approved by June 30, 2010, to maintain provider status. |
| • | Nonaccredited or unlicensed providers must obtain approval from the appropriate agency and submit proof with their application. |
| • | Nonaccredited or unlicensed training providers that are exempt from the workforce training an [and] education coordinating board (WTECB) licensure must submit proof of the exemption with their application. |
| • | Accredited and licensed training providers must maintain accreditation or licensure. |
| • | Approved nonaccredited or unlicensed training providers must conform to chapter 296-19B WAC on an ongoing basis. |
| • | Requirement to maintain accreditation, licensure or compliance with chapter 296-19B WAC. |
| • | Employment preparation programs must maintain at least a 30% completion rate and a 50% placement rate in jobs for which training was provided. |
| • | The department may consider and grant exceptions based on cause or circumstance. |
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: RCW 51.04.020, 51.04.030, 51.32.095, 51.32.099, and chapter 72, Laws of 2007 (ESSB 5920).
Statute Being Implemented: Chapter 72, Laws of 2007 (ESSB 5920) and RCW 51.32.099.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Rich Wilson, Tumwater, (360) 902-1363; Implementation: Cheri Ward, Tumwater, (360) 902-4300; and Enforcement: Bob Malooly, Tumwater, (360) 902-4209.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These legislatively mandated pilot and proposed rules do not adversely impact small businesses.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Keith Klinger, P.O. Box 44329, Olympia, WA 98504-4329, phone (360) 902-6362, fax (360) 902-6706, e-mail klin235@lni.wa.gov.
September 1, 2009
Judy Schurke
Director
OTS-2634.3
NONACCREDITED AND UNLICENSED TRAINING PROVIDERS
(2) "Accredited" means the training provider has been approved by the state agency responsible for regulating degree granting institutions, or an accreditation body recognized by the secretary of the Department of Education, or the Commission on Accrediting Rehabilitation Facilities, or a public educational institution.
(3) "Licensed" means the training provider is regulated, licensed or approved by the appropriate state agency for regulating vocational education, or under any occupational licensing act, or a federal or local government agency, or the Washington state apprenticeship council.
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(2) A licensed training program or provider.
(3) An apprenticeship program approved through the Washington state Apprenticeship Training Council.
(4) A training provider listed on the Washington state Workforce Training and Education Coordinating Board's Eligible Training Provider List or a list from a similar agency in another state.
(5) Other nonaccredited or unlicensed programs approved by the department. Nonaccredited or unlicensed programs must file a separate application for approval by the department before a provider number can be issued.
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(2) Training providers must comply with all federal and state laws, regulations, and other requirements with regard to their business operations.
(3) Training providers must have an admission policy that allows all qualified members of the general population to be candidates for admission.
(4) Training providers that provide services within the state of Washington must:
(a) Conform to the department's orders, rules and policies, if any;
(b) Maintain accreditation or training provider licensing, when applicable;
(c) Possess a master business license from the Washington state department of licensing;
(d) Register with the Washington state department of revenue;
(e) Possess a charter from the Washington secretary of state's office if operating a limited partnership or corporation; and
(f) Comply with local ordinances governing businesses within the city or county where they will be operating.
(5) Training providers providing services outside the state of Washington must:
(a) Comply with the department's orders, rules and policies, if any;
(b) Maintain accreditation or training provider licensing, when applicable; and
(c) Comply with all regulatory requirements and local ordinances within the state, city and county where they will operate.
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(1) An identification of owners, shareholders, and directors:
(a) The complete legal name, current telephone number, and current mailing address of the owner;
(b) The form of ownership; e.g., sole proprietorship, partnership, limited partnership, or corporation;
(c) Names, addresses, phone numbers, birthdates, and prior training provider affiliations, if any, of all individuals with ten percent or more ownership interest;
(d) A training provider that is a corporation or subsidiary of another corporation must submit:
(i) Current evidence that the corporation is registered with the Washington secretary of state's office; and
(ii) The name, address and telephone number of the corporation's registered agent.
(e) "Ownership" means:
(i) In the case of a training provider owned by an individual, that individual;
(ii) In the case of a training provider owned by a partnership, all full, silent and limited partners having ten percent or more ownership interest; and
(iii) In the case of a training provider owned by a corporation, the corporation, each corporate director, officer, and each shareholder owning shares of issued and outstanding stock aggregating at least ten percent of the total of the issued and outstanding shares.
(f) Training providers under common ownership may designate a single location as the principal facility for recordkeeping via written notice to the agency.
(2) Financial statement. The training provider must submit information reflecting its financial condition at the close of its most recent fiscal year to demonstrate that it has sufficient financial resources to fulfill its commitments to students.
(3) Financial references.
(a) The training provider must furnish the names of at least one bank or other financial institution and two other entities that the agency may consult as financial references.
(b) A statement must be included authorizing the agency to obtain financial information from the references.
(c) For new training providers that have not operated another business during the past year, a recent credit report from Equifax, Experian, Trans Union or another credit rating firm recognized by the U.S. Department of Commerce.
(4) A program that is part of a publicly funded entity; e.g., city, state, county or federal, is exempt from financial disclosure requirements.
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| Exception: | A program that is part of publicly funded entity; e.g., city, state, county or federal, is exempt from the two-year requirement. |
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(1) A copy of the training provider's catalog. The training provider must publish a catalog or brochure that explains its operations and requirements. The catalog must be current, comprehensive, and accurate.
(2) A copy of the training provider's enrollment agreement/contract. An enrollment agreement is any agreement that creates a binding obligation to purchase a course of instruction from a training provider.
(3) A description of the instruction program including:
(a) The number of clock hours of instruction, the method of instruction (e.g., correspondence, classroom, lab, computer assisted), and the average length of time required for successful completion;
(b) If instruction is calculated in credit hours, a description of the contact hour formula applied by the training provider; i.e., the number of contact hours applicable to each quarter or semester credit hour of lecture, laboratory/practicum, and/or internship/externship;
(c) For distance education training providers, the instructional sequences as described in the number of lessons.
(4) A document outlining the scope and sequence of courses or programs required to achieve the educational objective.
(5) A copy of the training provider's admission procedures including policies describing all prerequisites needed by entering students to successfully complete the programs of study in which they are interested.
(6) Documentation indicating the total cost of the training for each program, including registration fee, if any, tuition, books, supplies, equipment, laboratory usage, special clothing, student activities, insurance and all other charges and expenses necessary for the completion of the program.
(7) A copy of the training provider's cancellation and refund policy including:
(a) Cancellation that occurs before the training start date;
(b) Cancellation that occurs within thirty days of the start date; and
(c) Interruptions in service due to staffing or other reasons.
(8) The training calendar, including hours of operation, holidays, enrollment periods, and the beginning and ending dates of terms, courses, or programs as may be appropriate.
(9) An accurate description of the training provider's facilities and equipment available for student use, the maximum or usual class size and the average student/teacher ratio.
(10) The names and qualifications of faculty.
(11) A copy of the training provider's policy regarding standards of progress required of the student including:
(a) A definition of the grading system;
(b) The minimum grades considered satisfactory;
(c) Conditions for interruption for unsatisfactory progress;
(d) A description of the probationary period, if any, allowed by the training provider;
(e) Conditions for reentrance for those students dismissed for unsatisfactory progress; and
(f) Information that a statement will be furnished to the student regarding satisfactory or unsatisfactory progress.
(12) The training provider's policy towards student conduct, including causes for dismissal and conditions for readmission.
(13) The training provider's policy regarding leave, absences, class cuts, makeup work, tardiness, and interruptions for unsatisfactory attendance.
(14) For training providers that prepare students for obtaining employment, documentation of the training provider's completion rate and job placement rate, including the title, wages, and benefits obtained by graduates.
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(1) Whether the training provider adequately supervises its instructors to ensure that they are both qualified and provide appropriate training and instruction.
(2) Whether any students have been injured as a result of the training provider's failure to use adequate safety protocols.
(3) Whether any complaints have been filed by current or former students of the training provider against the training provider or any of its instructors, and, if so, whether any of these complaints have merit.
(4) Whether the training provider of any of its instructors have ever been convicted of a crime, and, if so, the nature of the crime.
(5) Whether there is any other information that indicates that the training provider does not provide training to its students in a manner that is consistent with the objectives of chapter 296-19A WAC or RCW 51.32.099.
(6) For training providers that prepare students for obtaining employment, the following factors must be addressed:
(a) Whether any of the training provider's programs allow a student to obtain an educational or occupational credential awarded upon successful completion of program, and, if so, the type of credential(s) awarded;
(b) Whether any of the training provider's programs have clearly identified program objectives, such as information regarding specific job titles that the student would be qualified for upon completion of training, and the projected wages and benefits of those jobs;
(c) The training provider's job placement rate, including the title, wages, and benefits obtained by graduates; and
(d) Whether the program achieved at least a thirty percent completion rate and a fifty percent job placement rate in the three quarter period following graduation for the most recent fiscal year.
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(2) Nonaccredited or unlicensed training providers who already have a department provider number must reapply for approval by the department and be approved before June 30, 2010, in order to maintain the ability to train Washington injured or ill workers after that date.
(3) Nonaccredited or unlicensed training providers must first obtain licensure or approval by the appropriate state agency and submit documentation of this licensure or approval when applying to the department to become a provider.
(4) Nonaccredited or unlicensed training providers that are exempt from the workforce training and education coordinating board (WTECB) licensure requirements must submit documentation of the exemption before an application can be reviewed.
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(2) All approved nonaccredited or unlicensed training providers with a department provider number must conform to all requirements in chapter 296-19A WAC, on an ongoing basis.
(3) Failure to maintain accreditation, licensure, or conformance to the requirements of chapter 296-19A WAC, may result in termination of the provider number.
(4) Programs that prepare students for employment must maintain at least a thirty percent completion rate and fifty percent placement rate in jobs for which training was provided during the three quarter period following graduation during the most recent fiscal year (July 1 through June 30).
The department may consider and grant exceptions based on unusual cause or circumstances.
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