PERMANENT RULES
LABOR AND INDUSTRIES
Effective Date of Rule: Thirty-one days after filing.
Purpose: The rules will assist in the implementation of chapter 72, Laws of 2007 (ESSB 5920, RCW 51.32.099) which mandates that L&I develop rules for approving nonaccredited and unlicensed training providers.
WAC 296-19A-500 Definitions.
• "Training provider" defined.
• "Accredited" defined.
• "Licensed" defined.
WAC 296-19A-510 What training programs can the department approve and issue a provider account number to?
• 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.
WAC 296-19A-520 What are the requirements for providing training services to Washington injured workers?
• Legal requirements for doing business and providing training services in Washington or other states.
WAC 296-19A-530 What ownership and financial information must a nonaccredited or unlicensed training provider submit as part of the application to provide training services to Washington injured workers?
• Financial documentation required of nonaccredited or unlicensed training providers.
• Public entity exemption from financial disclosure requirement.
WAC 296-19A-540 How long must a nonaccredited or unlicensed training provider be in operation before applying to provide services to Washington injured workers?
• 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.
WAC 296-19A-550 When must an approved nonaccredited or unlicensed training provider reapply in order to continue providing services to Washington injured workers?
• 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.
WAC 296-19A-560 What documentation does the department require from a nonaccredited or unlicensed training provider in order to be considered for approval to provide training to Washington injured workers?
• 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.
WAC 296-19A-570 What factors will the department consider when deciding whether to approve a nonaccredited or unlicensed training provider for Washington injured workers?
• Factors the department will consider when deciding whether to approve a nonaccredited or unlicensed training provider for Washington injured or ill worker.
• 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.
WAC 296-19A-580 When must nonaccredited or unlicensed training providers conform to the requirements of chapter 296-19A WAC?
• 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.
WAC 296-19A-590 What criteria must training providers meet to maintain provider status?
• Accredited and licensed training providers must maintain accreditation or licensure.
• Approved nonaccredited or unlicensed training providers must conform to chapter 296-19A WAC on an ongoing basis.
• Requirement to maintain accreditation, licensure or compliance with chapter 296-19A 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.
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).
Adopted under notice filed as WSR 09-18-099 on September 1, 2009.
A final cost-benefit analysis is available 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.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 10, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 10, Amended 0, Repealed 0.
Date Adopted: December 1, 2009.
Judy Schurke
Director
OTS-2634.5
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 state agency that regulates vocational education, or under any occupational licensing act, or a federal or local government agency, or the Washington state apprenticeship training council.
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(1) An accredited training program or provider.
(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) All training providers must:
(a) Comply with all federal and state laws, regulations, and other requirements governing their business operations;
(b) Have an admission policy allowing all qualified members of the general population to be candidates for admission;
(c) Conform to the department's orders, rules, and policies, if any;
(d) Maintain accreditation or training provider licensing, when applicable.
(3) In addition training providers that provide services within the state of Washington must:
(a) Possess a master business license from the Washington state department of licensing;
(b) Register with the Washington state department of revenue;
(c) Possess a charter from the Washington secretary of state's office if operating a limited partnership or corporation; and
(d) Comply with local ordinances governing businesses within the city or county where they will operate.
(4) In addition training providers providing services outside the state of Washington must 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, birth dates, 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) By written notice to the department, training providers under common ownership may designate a single location as the principal facility for recordkeeping.
(2) Financial statement. The training provider must submit information reflecting its financial status at the close of its most recent fiscal year demonstrating the provider has sufficient financial resources to fulfill its commitments to students.
(3) Financial references.
(a) The training provider must submit the names of at least one bank or other financial institution and two other entities that the department may consult as financial references.
(b) A statement must be included authorizing the department 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 a 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.
"Distance education" means education provided by written correspondence or any electronic medium for students who are enrolled in a private vocational school in pursuit of an identified occupational objective, but are not attending classes at an approved site or training establishment.
(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.
(6) Documentation indicating the total cost of training for each program, including registration fees, 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 before the training start date;
(b) Cancellation 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 start and end dates of terms, courses, or programs.
(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 on standards of progress required 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 students dismissed for unsatisfactory progress; and
(f) A statement that a progress report will be given to the student.
(12) The training provider's policy towards student conduct, including causes for dismissal and conditions for readmission.
(13) The training provider's policy on leave, absences, class cuts, makeup work, tardiness, and interruptions for unsatisfactory attendance.
(14) 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 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 against the training provider or any of its instructors, and, if so, whether any of these complaints have merit.
(4) Whether the training provider or 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 indicating the training provider does not provide services to its students in a manner consistent with the objectives of chapter 296-19A WAC or RCW 51.32.099.
(6) In addition training providers preparing students for employment must address the following factors:
(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 the student will qualify for on completion of training, and the projected wages and benefits of those jobs;
(c) Training provider's job placement rate, including job 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 quarters following graduation for the most recent fiscal year.
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(2) A nonaccredited or unlicensed training provider who already has a department provider number must reapply for and receive approval by the department before June 30, 2010, in order to continue training Washington injured workers.
(3) A nonaccredited or unlicensed training provider 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) A nonaccredited or unlicensed training provider exempt from the Washington state workforce training and education coordinating board 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 department provider numbers 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 quarters 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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