Section 4412.1 - Training Costs Charged to Trainees(a) Unless otherwise permitted herein, or with written approval from the Executive Director of the Panel, trainees being trained under a contract funded by the Panel cannot be charged for any training costs. (1) If the contractor is receiving Panel funds based on a budget, that budget must accurately reflect all training costs to be paid by the Panel, the employer or by any other specified source. If books or other supplies are to be purchased by the students, they will have to be specifically and clearly identified as a funding source in the budget.(2) A company cannot indicate an in-kind contribution for supplies or books, then require the trainees to purchase these items, since in-kind contributions are defined by this title as costs covered by the employer/contractor and not by a third party (i.e. the trainee).(b) The Panel recognizes that there is an inherent risk factor in implementing a new hire training program. This risk cannot be transferred to the trainees enrolled in that program in any manner, whether by reimbursable fee or otherwise.(c) If the Panel determines any charges have been made to students which are not authorized by the Panel or by statute, the Panel shall offset such monies from any reimbursement due to the contractor, or if monies have been paid to the contractor, the Panel shall seek reimbursement for such funds. Failure of the contractor to reimburse for these charges is sufficient reason for denying any future Panel funds to the contractor.(d) Special Employment Training projects for small business skills are exempt from these provisions. (See Section 4409.)Cal. Code Regs. Tit. 22, § 4412.1
1. New section filed 12-4-97; operative 12-4-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 49).
2. Repealer of subsection (a)(1) and subsection renumbering filed 4-17-2000 as an emergency; operative 4-17-2000 (Register 2000, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-17-2000 order transmitted to OAL 8-11-2000 and filed 9-25-2000 (Register 2000, No. 39).
4. Amendment of subsection (d) and NOTE filed 9-27-2005; operative 9-27-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 39). Note: Authority cited: Section 10205(m), Unemployment Insurance Code. Reference: Sections 10205(e) and 10206(a), Unemployment Insurance Code.
1. New section filed 12-4-97; operative 12-4-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 49).
2. Repealer of subsection (a)(1) and subsection renumbering filed 4-17-2000 as an emergency; operative 4-17-2000 (Register 2000, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-17-2000 order transmitted to OAL 8-11-2000 and filed 9-25-2000 (Register 2000, No. 39).
4. Amendment of subsection (d) and Note filed 9-27-2005; operative 9-27-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 39).