53-2-1218. Incumbent worker training program grant award criteria. (1) Subject to appropriation by the legislature, the department shall award grants as provided in this section. The distribution of funding must be reviewed annually by the department, and funds that are not being used or for which there are no qualified applications, as determined by the department, may be transferred to other programs as provided in 17-7-138 and 17-7-139.

(2) The following criteria must be used in determining whether to award an incumbent worker training program grant:

(a) prospects for enhancing the incumbent worker's productivity, efficiency, or wages;

(b) prospects for reducing incumbent worker turnover;

(c) ability to provide matching funds;

(d) a demonstrated need by the employer for upgrading skills of incumbent workers through training as a way to improve the employer's ability to remain competitive in the industry or in the economy;

(e) a direct relationship between the training and an added benefit to the incumbent worker's occupation or craft; and

(f) a demonstration that the training is not normally provided or required by the employer and, as far as may be determined, by the employer's competitors.

(3) An incumbent worker training program grant award may not exceed $2,000 annually for each incumbent worker who is being trained.

(4) Subject to funding, the department may:

(a) limit the number of applicants that receive grant awards; or

(b) award less than the amount provided in subsection (3).

(5) The recipient of a grant shall provide the department with:

(a) a properly executed agreement, signed by the employer's authorized representative, that outlines terms of the grant;

(b) documentation upon completion of training that the training was purchased and to whom the training was provided, including copies of certificates or statements of completion; and

(c) all receipts or copies of receipts associated with the training and the application.