Ariz. Admin. Code § 6-3-1809

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-3-1809 - Eligibility for Approved Training

A. Approved training under A.R.S. § 23-771.01 includes vocational training or academic courses that provide a claimant the opportunity to achieve reemployment through the development of the claimant's skills and abilities.

1. A claimant is "in training with the approval of the department" when the claimant presents a document from the sponsoring agency that the claimant is participating in 1 of the programs listed in this subsection.

a. Training, except for on-the-job training, under Titles II, III, or IV of the Job Training Partnership Act, or its successor.

b. A vocational rehabilitation program sponsored or administered by the Department or another public agency.

c. Training sponsored or administered by 1 or more programs of the Department.

d. Training designed to improve a claimant's understanding of the fundamentals of English or mathematics or training that is intended to result in a general equivalency diploma (GED), unless the claimant is a student enrolled in and regularly attending a public or private secondary educational institution.

e. Training recommended or financed by the claimant's only base-period employer who is subject to charges for benefits paid to the claimant.

2. If the training does not meet any of the provisions of subsection (A)(1), the claimant is in training with the approval of the Department if all the following conditions are met:

a. The training facility is registered with the Department of Education or its successor, or a comparable agency of another state, and is located within the United States.

b. The training course is approved by the Department of Education or its successor, or a comparable agency of another state and:

i. Is for a duration of at least 4 weeks but not more than 52 weeks of instruction; and

ii. At an academic institution, requires either a minimum of 12 credit hours during fall and spring semesters or at least 6 credit hours during summer sessions, and results in a training certificate; or

iii. At a vocational training facility, requires a minimum of 20 hours per week of supervised participation.

c. Either the claimant's:

i. Prospects for continuing employment for which the claimant is fitted by training and experience are minimal and are not likely to improve in the foreseeable future in the locality in which the claimant resides or is seeking work; or

ii. Training, skills, and past work history establish that the claimant only qualifies for jobs that normally pay at or within $1.00 of the minimum wage and are unlikely to provide advancement opportunity.

d. The claimant possesses aptitudes or skills which can be usefully supplemented by retraining and has the qualifications and aptitudes necessary to reasonably assure successful completion of the training course.

e. The training course is likely to prepare the claimant for an occupation for which there are, or are expected to be in the immediate future, reasonable full-time employment opportunities in the locality in which the claimant resides or is seeking work.

B. Weekly Eligibility.

1. The Department shall pay unemployment insurance benefits, including extended benefits under A.R.S. §§ 23-626 through 23-639, to an otherwise eligible claimant while the claimant is in approved training if the claimant files a timely claim for a week of benefits in the format prescribed by the Department:

a. The claim shall include the following information for the applicable claim period,

i. A statement of any employment the claimant held and any wages the claimant earned,

ii. A statement of any training assistance the claimant received or will receive,

iii. A statement as to whether the claimant missed any scheduled training,

iv. The claimant's signature or personal identification number,

v. A statement from the training facility as to whether the claimant is enrolled in training and satisfactorily pursuing the training course, and

vi. The signature or identification number of the training facility's representative which is on file with the Department as being authorized to certify to the claimant's training attendance and progress.

b. The claim is timely filed when the Department receives the claim within 14 days of the claim week ending date. If the claim is not received within 14 days, the claimant shall establish good cause for the untimeliness as prescribed in R6-3-5475(H).

c. If the training facility has a temporary break in training of less than 6 weeks, and the facility notifies the Department by telephone or in writing that the claimant will continue the training after the break, the Department shall deem the claimant in training.

2. For purposes of A.R.S. § 23-771.01(B), the Department shall deem subsistence benefits received from a governmental, nonprofit, or community agency for the claimant's own personal entitlement as a training allowance.

a. A subsistence payment for the claimant's own personal entitlement includes funds covering transportation or meal costs, but does not include funds covering course costs, tuition, books, supplies, tools, or an allowance for dependents.

b. The Department shall allocate the training allowance for each week claimed starting with the week the claimant 1st receives the allowance or the week the claimant receives notice from the agency paying the allowance of the amount to be paid, whichever occurs 1st.

c. An overpayment shall not result from retroactive payments for weeks prior to the paying agency notice or 1st payment, unless the claimant fails to tell the Department about the allowance.

Ariz. Admin. Code § R6-3-1809

Former Regulation 30-8; Amended effective January 3, 1975 (Supp. 75-1). Amended effective March 1, 1978 (Supp. 78-2). Amended effective July 27, 1981 (Supp. 81-4). Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Amended effective Jan 10, 1984 (Supp. 84-1). Section repealed; new Section adopted effective July 22, 1997 (Supp. 97-3).