N.Y. Comp. Codes R. & Regs. tit. 12 § 482.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 482.5 - Additional factors for exercising discretion

(a) The commissioner may exercise discretion to consider other relevant factors for disapproving training in order to prevent inappropriate use of unemployment insurance funds such as the claimant does not demonstrate that he or she is achieving the competencies being taught. For good cause shown, the commissioner may waive a standard not required by statute in order to approve training. In order to establish good cause, the applicant for a waiver must demonstrate that compliance with the regulation is impossible or would cause extreme hardship to an applicant, and present convincing evidence that participation in proposed training is likely to lead to long-term employment even though the training does not meet the regulatory standards.

(b) A claimant attending an approved training course or program under this section may receive additional benefits of up to 104 effective days following exhaustion of regular and, if in effect, any other extended benefits, provided that entitlement to a new benefit claim cannot be established. Certification of continued satisfactory participation and progress in such training course or program must be submitted to the commissioner prior to the payment of any such benefits. The duration of such additional benefits shall in no case exceed twice the number of effective days of regular benefits to which the claimant is entitled at the time the claimant is accepted in, or demonstrates application for appropriate training. In no event shall a claimant receive additional benefits for more than 48 effective days based on the time elapsed between the date claimant is accepted in or demonstrates application for appropriate training and the date the claimant begins such training.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 482.5