Definitions

The following words and phrases shall have the following meanings, unless otherwise clearly indicated by the context of 430 CMR 9.00: A.B.E. (Adult Basic Education): Academic training in basic literacy and numeracy skills. Such training may be geared at the primary or secondary school level, and may include preparation for a high school equivalency diploma or certificate. (ADA) Americans with Disabilities Act: A law passed by Congress in 1990, as amended, which establishes certain rights for qualified individuals with disabilities. Application Period: The application period is a period of time within which an individual may apply for training and benefits under M.G.L. c. 151A, § 30(c). The 20-week application period commences with the week the first payment is issued to a claimant, and continues for each week payment is issued thereafter unless the period is tolled by regulation or waived for good cause under 430 CMR 9.05. If a determination denying regular benefits under M.G.L. c. 151A, §§ 39, 41 or 42 is reversed and regular benefits are awarded, however, the application period begins the week after the notice of such reversal is sent to the claimant. The claimant shall not be barred from applying for and commencing training, even if the benefit year has expired, so long as the claimant applies for training within 21 weeks of the notice of reversal and commences training with the first available program. Approvable Training: A training program not yet approved by the Director for the purposes of M.G.L. c. 151A, § 30(c) but in the sole discretion of the Director, meets the standards of M.G.L. c. 151A, § 30(c), and 430 CMR 9.04(2). No program shall be denied solely because it is conducted in another state. Approved Training: A training program approved by the Director for purposes of M.G.L. 151A, § 30(c). Basic Skills: Courses offering A.B.E., E.S.O.L., or high school equivalent diploma or certificate preparation, either individually or in combination. Certificate Program: A vocational program, generally offered at the post-secondary level, but not necessarily by a post-secondary educational institution, designed to teach an individual the knowledge and skills necessary to become employed in the occupation of study, and that offers a certificate upon successful completion, but that does not confer an academic degree. Claimant: Any individual who has filed a claim for unemployment benefits pursuant to M.G.L. c. 151A. Classroom Training: Supervised training of the type normally conducted in an institutional setting, but not necessarily in a classroom, including vocational and industrial education. Declining Occupation: An occupation or job type within the claimant's work search area that the Director has determined has a demonstrated pattern of reduced employment or is suffering an immediate and significant reduction in employment. Demand Occupation: An occupation for which work opportunities are presently available, or future growth is anticipated, as determined by the Department. Department: The Department of Unemployment Assistance (DUA) within the Executive Office of Labor and Workforce Development. Director: The Director of the Department of Unemployment Assistance. Disability: A physical or mental impairment as defined in the ADA, 42 U.S.C. § 12102, and accompanying regulations. DUA: The Department of Unemployment Assistance within the Executive Office of Labor and Workforce Development. E.S.O.L. (English for Speakers of Other Languages): A course given to teach basic English literacy skills to non-English speaking persons. File: Applications filed by U.S. mail shall be deemed filed on the date contained in the U.S. postal cancellation stamp or U.S. postmark, and not the date contained on a postal meter stamp. Applications filed by Electronic Medium shall be deemed filed on the date received by DUA. Applications filed by all other means shall be considered hand-delivered, and shall be deemed filed on the date received by DUA during usual business hours. Applications filed by any means other than Electronic Medium received after usual business hours shall be deemed filed on the following business day. High School Equivalency: A program, overseen by the Massachusetts Department of Elementary and Secondary Education's High School Equivalency Office, designed to provide an individual with a high school equivalency credential. Pilot or Demonstration Project: A project sponsored or funded by the federal, state or municipal government, that provides basic or work skills training and is designed to test new methods of training or skills development. Qualified Individual with a Disability: Under the ADA, "an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity." 28 CFR 35.104. Suitable Employment: Employment which is determined by the Director to be suitable, taking into consideration whether the employment is detrimental to the health, safety or morals of an employee, is one for which he or she is reasonably fitted by training and experience, including employment not subject to M.G.L. c. 151A, is one which is located within reasonable distance of his or her residence or place of last employment, is one which does not involve travel expenses substantially greater than that required in his or her former work, and which reasonably accommodates the individual's need to address the physical, psychological and legal effects of domestic violence. No work shall be deemed suitable under the provisions of M.G.L. c. 151A, § 25(c) if the position offered is vacant due directly to a strike, lockout or other labor dispute; if the remuneration, hours or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or if the acceptance of such work would require the individual to join a company union or would abridge or limit his or her right to join or retain membership in any bona fide labor organization or association of working people. Toll: Pausing, delaying or suspending the time allowed for the 20-week application period. Training Program: A program or course, guided by an instructor or teacher, that offers participants a structured course consisting of one or more sequential or simultaneous classes, training sessions including, but not limited to, on-the-job training, subjects designed to provide a specified skill or ability, or a certificate or degree. A training program may combine basic skills, for example, E.S.O.L., high school equivalency, or A.B.E. preparation, with a vocational training component. The curriculum may be academic, technical, trade or other preparation for gainful employment in a recognized occupation, including applicable apprentice and on-the-job training programs. Training Related Employment: Employment in the field or job-type for which the training was intended to prepare participants. WIOA (Workforce Innovation and Opportunity Act): A law enacted in 2014 to supersede the Workforce Investment Act of 1998 and amend the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973. WIOA was designed to help job seekers access employment, education, training and support services needed to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. Work Search Area: One or more economically integrated geographic units within reasonable traveling distance for job seeking and commuting.