(a) OJT is training in the public or private sector for a paid employee while he or she is engaged in productive work that provides knowledge and skills essential to the full and adequate performance of the job.
(b) A Board shall ensure that a determination is made on a case-by-case basis whether to authorize, arrange, or refer a Choices participant for subsidized, time-limited training activities, to assist the Choices participant with obtaining knowledge and skills that are essential to the workplace while in a job setting. OJT is training by an employer that is provided to a Choices participant on or off the work site while engaged in productive work in a job that:
  (1) provides knowledge or skills essential to the full and adequate performance of the job;
  (2) provides reimbursement to the employer of a percent of the wage rate of the Choices participant for the extraordinary costs of providing the training and additional supervision related to the training;
  (3) is limited in duration as appropriate to the occupation for which the Choices participant is being trained, taking into account the content of the training, the prior work experience of the Choices participant, and the service strategy of the Choices participant, as appropriate; and
  (4) includes training specified by the employer.
(c) A Board shall not contract with employers who have previously exhibited a pattern of failing to provide Choices participants in OJT with continued long-term employment, which provides wages, benefits, and working conditions that are equal to those that are provided to regular employees who have worked a similar length of time and are doing a similar type of work.
(d) Boards shall ensure OJT placements are allotted to employers who expect to retain Choices participants as regular unsubsidized employees once the OJT placement has ended, unless successful completion of the placement is expected to result in unsubsidized employment with a different employer.

Source Note: The provisions of this §811.44 adopted to be effective November 18, 2003, 28 TexReg 10261; amended to be effective February 26, 2007, 32 TexReg 906; amended to be effective September 29, 2008, 33 TexReg 8192; amended to be effective January 8, 2013, 38 TexReg 180