Notice of Intent to Adopt Rules A copy of the proposed rules may be obtained at http://rules.wyo.gov Revised May 2018 1. General Information a. Agency/Board Name* b. Agency/Board Address c. City d. Zip Code e. Name of Agency Liaison f. Agency Liaison Telephone Number g. Agency Liaison Email Address h. Date of Public Notice i. Comment Period End Date j. Public Comment URL or Email Address: k. Program * By checking this box, the agency is indicating it is exempt from certain sections of the Administrative Procedure Act including public comment period requirements. Please contact the agency for details regarding these rules. 2. Legislative Enactment For purposes of this Section 2, new only applies to regular rules promulgated in response to a Wyoming legislative enactment not previously addressed in whole or in part by prior rulemaking and does not include rules adopted in response to a federal mandate. a. Are these rules new as per the above description and the definition of new in Chapter 1 of the Rules on Rules? No. Yes. Please provide the Chapter Numbers and Years Enacted (eg: 2015 Session Laws Chapter 154): 3. Rule Type and Information a. Provide the Chapter Number, Title, and Proposed Action for Each Chapter. Please use the Additional Rule Information form for more than 10 chapters, and attach it to this certification. 1
4. Public Comments and Hearing Information a. A public hearing on the proposed rules has been scheduled. No. Yes. Please complete the boxes below. Date: Time: City: Location: b. What is the manner in which interested persons may present their views on the rulemaking action? By submitting written comments to the Agency at the physical and/or email address listed in Section 1 above. At the following URL: A public hearing will be held if requested by 25 persons, a government subdivision, or by an association having not less than 25 members. Requests for a public hearing may be submitted: To the Agency at the physical and/or email address listed in Section 1 above. At the following URL: c. Any person may urge the Agency not to adopt the rules and request the Agency to state its reasons for overruling the consideration urged against adoption. Requests for an agency response must be made prior to, or within thirty (30) days after adoption, of the rule, addressed to the Agency and Agency Liaison listed in Section 1 above. 5. Federal Law Requirements a. These rules are created/amended/repealed to comply with federal law or regulatory requirements. No. Yes. Please complete the boxes below. Applicable Federal Law or Regulation Citation: Indicate one (1): The proposed rules meet, but do not exceed, minimum federal requirements. The proposed rules exceed minimum federal requirements. Any person wishing to object to the accuracy of any information provided by the Agency under this item should submit their objections prior to final adoption to: To the Agency at the physical and/or email address listed in Section 1 above. At the following URL: 6. State Statutory Requirements a. Indicate one (1): The proposed rule change MEETS minimum substantive statutory requirements. The proposed rule change EXCEEDS minimum substantive statutory requirements. Please attach a statement explaining the reason that the rules exceed the requirements. b. Indicate one (1): The Agency has complied with the requirements of W.S. 9-5-304. A copy of the assessment used to evaluate the proposed rules may be obtained: By contacting the Agency at the physical and/or email address listed in Section 1 above. At the following URL: Not Applicable. 2
7. Additional APA Provisions a. Complete all that apply in regards to uniform rules: b. Checklist These rules are not impacted by the uniform rules identified in the Administrative Procedure Act, W.S. 16-3-103(j). The following chapters do not differ from the uniform rules identified in the Administrative Procedure Act, W.S. 16-3-103(j): (Provide chapter numbers) These chapters differ from the uniform rules identified in the Administrative Procedure Act, W.S. 16-3-103(j) (see Statement of Principal Reasons). (Provide chapter numbers) The Statement of Principal Reasons is attached to this Notice and, in compliance with Tri-State Generation and Transmission Association, Inc. v. Environmental Quality Council, 590 P.2d 1324 (Wyo. 1979), includes a brief statement of the substance or terms of the rule and the basis and purpose of the rule. If applicable: In consultation with the Attorney General s Office, the Agency s Attorney General representative concurs that strike and underscore is not required as the proposed amendments are pervasive (Chapter 3, Types of Rules Filings, Section 1, Proposed Rules, of the Rules on Rules). 8. Authorization a. I certify that the foregoing information is correct. Printed Name of Authorized Individual Title of Authorized Individual Date of Authorization 3
Statement of Reasons for DWS-Endow Priority Sector Business Grants (PSBG) Program Chapter 1 The Department of Workforce Services (DWS) proposes a new rule to correspond with the 2018 Session Law Chapter 128. The new statute, effective July 1, 2018, establishes a grant program based on the Wyoming ENDOW (Economically Needed Diversity Options for Wyoming) strategic plan, which will be completed by August 1, 2018, and presented to Governor Matthew H. Mead to review and approve. The strategic plan will identify what priority sector businesses to focus on for diverse economic development in Wyoming. The overall design of the PSBG program requires DWS to partner with the Wyoming Business Council, the Attorney General s office and with the Governor s office. DWS will also partner with businesses throughout Wyoming as well as with eligible training providers, which include the University of Wyoming, community colleges, an entity operated by a tribal government or an entity approved to provide workforce training. The PSBG program will provide training funds through DWS to train and educate employees in new jobs for new and/or existing businesses, which will result in business expansion and the production of high wage and high skill jobs. This endeavor will increase earning potential and employment opportunities for Wyoming employees as well as enhance and diversify the state s economy. The new rule includes definitions, a pre-application process, application requirements, business compliance requirements, application approval process, and reporting requirements.
Chapter 1 DWS ENDOW Priority Sector Business Grants (PSBG) Program Section 1. Authority. The Department of Workforce Services (DWS) is authorized under the Department of Workforce Services Act Wyoming Statutes (W.S.) 9-2-2601 through 9-2-2611, and the Wyoming Administrative Procedures Act, W.S. 16-3-101, et seq. to promulgate rules and regulations to be used by the Department of Workforce Services in the discharge of its functions. W.S. 9-2-2609 through 9-2-2611 provides authorization for the Department of Workforce Services to establish the Wyoming workforce developmentpriority economic sector partnership program. Section 2. Purpose. The Wyoming workforce development-priority economic sector partnership program shall be known as the DWS ENDOW Priority Sector Business Grants (PSBG) program. The PSBG program provides training funds to train and educate employees in existing businesses, which will result in business expansion, the production of high wage and high skilled jobs that will increase the earning potential and employment opportunities for Wyoming employees and enhance and diversify the state s economy. Section 3. Definitions. (a) Exceptional circumstances - means in situations where an Applicant requests more than five thousand dollars ($5,000.00) per employee for training, DWS will use the seventy-fifth percentile (75%) of the specific industry and county listed in the Occupational Employment Statistics estimates produced using the Local Employment and Wage Information System quarterly report from Research and Planning. http://doe.state.wy.us/lmi/oes.htm. (b) Eligible training provider includes: and; (i) The entities specified at W.S. 9-2-2610(a)(v)(A), (B), and (C), (ii) Any entity that is listed on the Department s eligible training providers list (ETPL) that is maintained by the Department as required by the federal Workforce Innovation and Opportunity Act (WIOA). The list can be viewed by going to www.wyomingatwork.com and searching for ETPL Approved Programs using the provided search box. Section 4. Pre-Application Process. 1-1
(a) Pre-screening. (i) All businesses interested in applying for PSBG are required to complete a Letter of Intent to include the following: (A) Identify and document the business as priority-sector based on the Governor s diversity strategy plan per W.S. 9-2-2610(a)(xii); (B) Identify training needs; (C) List number of newly created jobs for full-time and/or parttime employees per W.S. 9-2-2610(a)(ix),(x),(xi); (D) Identify matching funds and resources; (E) Identify training provider that is listed on the Department s eligible training providers list (ETPL); (I) Letter of Support from training provider; and, (F) Specify amount of funding the business is requesting. (ii) The Department, upon review of the information received in pre-screening submission, shall notify the applicant of whether or not the applicant qualifies for the PSBG program. If the Department finds the applicant does not quality, it shall state its reasons for such a finding in the form of written notice to applicant. Section 5. Application Requirements. (a) Applications for funding shall contain all information required by W.S. 9-2-2611(h). Section 6. Business Compliance Requirements. (a) Businesses participating in the application process shall meet the State of Wyoming s registration requirements to be eligible to receive training grants as posted on the following: (i) Secretary of State s website: http://soswy.state.wy.us/business/startabusiness.aspx. (ii) Wyoming Business Council s website: http://www.wyomingbusiness.org/documentlibrary/b%20and%20i/17_m ar_11_business _checklist_info_0311.pdf. Section 7. Application Approval Process. 1-2
(a) Each payment obligation of DWS is conditioned upon the availability of government funds which are appropriated or allocated for the payment of this obligation and which may be limited for any reason including, but not limited to, congressional, legislative, gubernatorial or administrative action. (b) DWS, in consultation with the coordinator of economic diversification shall administer the PSBG program. Once applications are received, reviewed and are deemed complete, they will be forwarded to the following entities, and in the specified order: (i) (ii) (iii) Wyoming Business Council to review and approve; Attorney General s Office to review and approve; and, Governor s Office representative for final approval. Section 8. Reporting Requirements. (a) Annual Report. (i) Pursuant to W.S. 9-2-2611(j)(iii), at a minimum, the following data points will be required from each Applicant to submit on or before August 31 covering July 1 through June 30 of the previous year: jobs; (A) (B) (C) (D) (E) (F) (G) (H) Number of employees in training; Number of full time and part-time employees in newly created Number of employees who have completed training; Number and types of credentials received; Pre and Post wages and benefits show progression; Expenditures and matching monies (include equipment); Employee attrition and reasons for leaving; and, Recruitment efforts. (b) Closeout Report. (i) Pursuant to W.S. 9-2-2611(j)(iii) and based on executed contract terms, at a minimum, the following information will be required from each Applicant: 1-3
(A) (B) (C) (D) (E) Updated financial information; Business plan outcomes based on stated goals; Identify new barriers; Reflections on process, outcomes and future goals; and, Identify business processes for replication efforts. 1-4
Chapter 1 DWS ENDOW Priority Sector Business Grants (PSBG) Program Section 1. Authority. The Department of Workforce Services (DWS) is authorized under the Department of Workforce Services Act Wyoming Statutes (W.S.) 9-2-2601 through 9-2-2611, and the Wyoming Administrative Procedures Act, W.S. 16-3-101, et seq. to promulgate rules and regulations to be used by the Department of Workforce Services in the discharge of its functions. W.S. 9-2-2609 through 9-2-2611 provides authorization for the Department of Workforce Services to establish the Wyoming workforce development - priority economic sector partnership program. Section 2. Purpose. The Wyoming workforce development-priority economic sector partnership program shall be known as the DWS ENDOW Priority Sector Business Grants (PSBG) program. The PSBG program provides training funds to train and educate employees in existing businesses, which will result in business expansion, the production of high wage and high skilled jobs that will increase the earning potential and employment opportunities for Wyoming employees and enhance and diversify the state s economy. Section 3. Definitions. (a) Exceptional circumstances - means in situations where an Applicant requests more than five thousand dollars ($5,000.00) per employee for training, DWS will use the seventy-fifth percentile (75%) of the specific industry and county listed in the Occupational Employment Statistics estimates produced using the Local Employment and Wage Information System quarterly report from Research and Planning. http://doe.state.wy.us/lmi/oes.htm. (b) Eligible training provider includes: and; (i) The entities specified at W.S. 9-2-2610(a)(v)(A), (B), and (C), (ii) Any entity that is listed on the Department s eligible training providers list (ETPL) that is maintained by the Department as required by the federal Workforce Innovation and Opportunity Act (WIOA). The list can be viewed by going to www.wyomingatwork.com and searching for ETPL Approved Programs using the provided search box. Section 4. Pre-Application Process. 1-1
(a) Pre-screening. (i) All businesses interested in applying for PSBG are required to complete a Letter of Intent to include the following: (A) Identify and document the business as priority-sector based on the Governor s diversity strategy plan per W.S. 9-2-2610(a)(xii); (B) Identify training needs; (C) List number of newly created jobs for full-time and/or parttime employees per W.S. 9-2-2610(a)(ix),(x),(xi); (D) Identify matching funds and resources; (E) Identify training provider that is listed on the Department s eligible training providers list (ETPL); (I) Letter of Support from training provider; and, (F) Specify amount of funding the business is requesting. (ii) The Department, upon review of the information received in pre-screening submission, shall notify the applicant of whether or not the applicant qualifies for the PSBG program. If the Department finds the applicant does not quality, it shall state its reasons for such a finding in the form of written notice to applicant. Section 5. Application Requirements. (a) Applications for funding shall contain all information required by W.S. 9-2-2611(h). Section 6. Business Compliance Requirements. (a) Businesses participating in the application process shall meet the State of Wyoming s registration requirements to be eligible to receive training grants as posted on the following: (i) Secretary of State s website: http://soswy.state.wy.us/business/startabusiness.aspx. (ii) Wyoming Business Council s website: http://www.wyomingbusiness.org/documentlibrary/b%20and%20i/17_mar_11_business _checklist_info_0311.pdf. Section 7. Application Approval Process. 1-2
(a) Each payment obligation of DWS is conditioned upon the availability of government funds which are appropriated or allocated for the payment of this obligation and which may be limited for any reason including, but not limited to, congressional, legislative, gubernatorial or administrative action. (b) DWS, in consultation with the coordinator of economic diversification shall administer the PSBG program. Once applications are received, reviewed and are deemed complete, they will be forwarded to the following entities, and in the specified order: (i) (ii) (iii) Wyoming Business Council to review and approve; Attorney General s Office to review and approve; and, Governor s Office representative for final approval. Section 8. Reporting Requirements. (a) Annual Report. (i) Pursuant to W.S. 9-2-2611(j)(iii), at a minimum, the following data points will be required from each Applicant to submit on or before August 31 covering July 1 through June 30 of the previous year: jobs; (A) (B) (C) (D) (E) (F) (G) (H) Number of employees in training; Number of full time and part-time employees in newly created Number of employees who have completed training; Number and types of credentials received; Pre and Post wages and benefits show progression; Expenditures and matching monies (include equipment); Employee attrition and reasons for leaving; and, Recruitment efforts. (b) Closeout Report. (i) Pursuant to W.S. 9-2-2611(j)(iii) and based on executed contract terms, at a minimum, the following information will be required from each Applicant: 1-3
(A) (B) (C) (D) (E) Updated financial information; Business plan outcomes based on stated goals; Identify new barriers; Reflections on process, outcomes and future goals; and, Identify business processes for replication efforts. 1-4