Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 231.1467 - Application for approval of program of workforce recruitment, assessment and training; application for allocation, grant or loan of money to defray cost of program; application for participation of business in approved program1. A person who wishes to provide a program of workforce recruitment, assessment and training may apply to the Office for approval of the program. The application must be submitted on a form prescribed by the Office.2. Each application must include:(a) The name, address, electronic mail address and telephone number of the applicant;(b) The name of each business for which the applicant will provide the proposed program of workforce recruitment, assessment and training;(c) A statement of the objectives of the proposed program of workforce recruitment, assessment and training;(d) A description of the primary economic sector to be served by the proposed program of workforce recruitment, assessment and training;(e) Evidence of workforce shortages within the industry to be served by the proposed program of workforce recruitment, assessment and training;(f) Evidence that there is an insufficient number of existing programs to develop the workforce needed for the industry to be served by the proposed program of workforce recruitment, assessment and training;(g) A statement of the number and types of jobs with the business for which the applicant will provide the proposed program of workforce recruitment, assessment and training that are available or will be available upon completion of the proposed program;(h) A statement demonstrating the past performance of the applicant in providing programs of workforce development, including, without limitation:(1) The number and type of credentials and certifications issued by programs of workforce development provided by the applicant; and(2) The number of businesses successfully served by the programs of workforce development provided by the applicant;(i) A proposed plan for the provision of the proposed program of workforce recruitment, assessment and training on a statewide basis;(j) A list of facilities that will be used by the proposed program of workforce recruitment, assessment and training;(k) A projection of the number of primary jobs that will be served by the proposed program of workforce recruitment, assessment and training and the wages for those jobs;(l) Evidence satisfactory to the Office that the proposed program of workforce recruitment, assessment and training is consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112;(m) A workforce diversity action plan;(n) The estimated cost of the proposed program of workforce recruitment, assessment and training;(o) A statement by the business for which the applicant will provide the proposed program of workforce recruitment, assessment and training, which commits the business to report to the Office required performance metrics to enable the Office to comply with NRS 231.1513;(p) A report from each business for which the applicant will provide the proposed program of workforce recruitment, assessment and training, which sets forth the basis for any furloughs or layoffs conducted by the business in the 12 months immediately preceding the date of the application for the job categories related to the proposed program of workforce recruitment, assessment and training; and(q) Any other information requested by the Executive Director.3. Any program of workforce recruitment, assessment and training approved by the Office pursuant to this section must: (a) Include a workforce diversity action plan approved by the Office;(b) To the extent practicable, be provided on a statewide basis to support the industrial and economic development of all geographic areas of this State; and(c) Result in a postsecondary or industry-recognized credential, or an identifiable occupational skill that meets the applicable industry standard.4. The Office shall: (a) Maintain on the Internet website of the Office a list of the criteria for evaluating applications for approval of a program of workforce recruitment, assessment and training;(b) Ensure, through coordination with relevant state agencies and by reviewing any notices required pursuant to the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101 et. seq., and the regulations adopted pursuant thereto, that each business for which an applicant that submitted an application pursuant to this section will provide a program of workforce recruitment, assessment and training:(1) Is in compliance with the laws of this State pertaining to the conduct of businesses and employers;(2) Is not excluded from receiving contracts from the Federal Government as a result of being debarred; and(3) Has included in the report submitted pursuant to paragraph (p) of subsection 2 the basis for each furlough or layoff conducted in the 12 months immediately preceding the date of the application for the job categories related to the proposed program of workforce recruitment, assessment and training;(c) Approve or disapprove each application for approval of a program of workforce recruitment, assessment and training within 60 days after receiving a complete application; and(d) Provide notice of the approval or disapproval of each application to the applicant within 10 days after approving or disapproving the application.5. An authorized provider that provides a program of workforce recruitment, assessment and training approved by the Office pursuant to this section or the governing body of a local government within the jurisdiction of which the authorized provider will provide the program may apply to the Office for an allocation, grant or loan of money to defray in whole or in part the cost of the program. The application must be submitted on a form prescribed by the Office.6. The Office shall approve or deny each application for an allocation, grant or loan of money submitted pursuant to subsection 5 within 45 days after receipt of the application. When considering an application, the Office shall give priority to a program of workforce recruitment, assessment and training that will provide workforce development services to one or more businesses that:(a) Provide high-skill and high-wage jobs to residents of this State, as defined by the Board of Economic Development;(b) Provide postsecondary or industry-recognized credentials or identifiable skills meeting the applicable industry standard, which are not otherwise offered or not otherwise offered at scale in this State;(c) Impart a course of study for not more than 12 months that delivers skills that are needed in the workforce;(d) To the greatest extent practicable, use materials that are produced or bought in this State;(e) Are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and(f) Are consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112.7. An authorized provider may use money distributed pursuant to this section: (a) To provide curriculum development and instructional services;(b) To pay for equipment or technology necessary to conduct the training;(c) To pay training fees or tuition for the program of workforce recruitment, assessment and training, which are not otherwise covered by the program budget or other workforce development funding;(d) To promote the program of workforce recruitment, assessment and training and for job recruiting and assessments conducted through the program;(e) To provide analysis of on-site training;(f) To pay any costs relating to the rental of instructional facilities, including, without limitation, utilities and costs relating to the storage and transportation of equipment and supplies;(g) To pay administrative and personnel costs, except that not more than 10 percent of the money distributed pursuant to this section is used for such purposes; and(h) To pay any other costs, not including administrative and personnel costs, necessary to effectively carry out the program of workforce recruitment, assessment and training.8. Equipment purchased with money distributed as a grant pursuant to this section is the property of the Office. At the end of the grant period, the Office may recapture the equipment for redistribution to other programs of workforce recruitment, assessment and training provided by an authorized provider.9. A business in this State may apply to the Office to participate in an approved program of workforce recruitment, assessment and training provided by an authorized provider. The application must be submitted on a form prescribed by the Office and must include, without limitation:(a) The name, address and telephone number of the business;(b) Proof satisfactory to the Office that the business is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;(c) A description of the number and types of jobs that the business expects will be created as a result of its participation in the program of workforce recruitment, assessment and training and the wages the business expects to pay to persons employed in those jobs;(d) The types of services which will be provided to the business through the program of workforce recruitment, assessment and training;(e) A workforce diversity action plan approved by the Office; and(f) Any other information required by the Office.Added to NRS by 2015, 29th Special Session, 3; A 2021, 2539Amended by 2021, Ch. 393,§1, eff. 7/1/2021.Added by 2015SP1, Ch. 1,§4, eff. 12/19/2015.