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training costs specified in the award agreement.
2.Eligible training costs may include the following, on an individual, negotiated basis:
a.instruction costs: wages for trainers and training coordinators;
b.materials and supplies costs: training texts and manuals, audio/visual materials, computer based training (CBT) software; and
c.other justifiable costs: when necessary for training, such as facility and/or equipment rental.
3.Training costs ineligible for reimbursement include:
a.trainee wages and fringe benefits;
b.employee handbooks;
c.food, refreshments; and
d.awards.
4.Training activities eligible for funding consist of:
a.industry-specific skills: skills which are unique to the entertainment industry;
b.quality standards skills: skills which are intended to increase the quality of skilled workers employed in the entertainment industry and/or to ensure compliance with accepted international and industrial quality standards; and
c.other skills: skills pertaining to entertainment instructional methods and techniques used by trainers (e.g., train-the-trainer activities).

C.Conditions for Disbursement of Funds

1.Funds will be available on a reimbursement basis following submission of required documentation to LED by the training provider. Only funds spent on the project after LEDC’s approval, will be considered eligible for reimbursement. However, funds will not be available for reimbursement to the training provider until an award agreement, training agreement or contract between the training provider and LEDC has been finalized and executed.
2.Training providers will be eligible for reimbursement based upon performance objectives as provided in the contract.

D.Compliance Requirements

1.In order to be paid or reimbursed as provided by the contract, training provider’s shall be required to complete and submit to LED cost reports certifying the amount expended by the training provider for training, along with progress reports describing the training provider’s progress toward the performance objectives specified in its contract with LEDC. LED shall oversee the timely submission of reporting requirements by the training provider.
2.In the event a training provider fails to meet its performance objectives as specified in its contract, LEDC shall retain the right to withhold award funds, modify the terms and conditions of the award, and/or to reclaim disbursed funds from the training provider in an amount commensurate with the scope of the unmet performance objectives and the foregone benefits to the state, as determined by LEDC. Reclamation shall not begin unless LED has determined, with the concurrence of LEDC, after an analysis of the benefits to the state of the training project and the unmet performance objectives, that the state has not satisfactorily or adequately been compensated for its costs through the benefits provided by the training project.
3.In the event a training provider knowingly files a false statement in its application or in a progress report, the training provider may be guilty of the offense of filing false public records, and may be subject to the penalty provided for in R.S. 14:133.
4.LEDC shall each retain the right, for itself, for the Legislative Auditor, for the Office of the Governor, Division of Administration, and for LED, to require and/or conduct financial and performance audits of a project, including all relevant records and documents of the company.

AUTHORITY NOTE:Promulgated in accordance with R.S. 36:104 , 36:108, 51:2312, and 51:2331 et seq.

HISTORICAL NOTE:Promulgated by the Department of Economic Development, Office of the Secretary, Office of Business Development, and the Louisiana Economic Development Corporation, LR 35:

§1919.Contract Monitoring

A.All monitoring will be done by LED.

AUTHORITY NOTE:Promulgated in accordance with R.S. 36:104 ,36:108, 51:2312, and 51:2331 et seq.

HISTORICAL NOTE:Promulgated by the Department of Economic Development, Office of the Secretary, Office of Business Development, and the Louisiana Economic Development Corporation, LR 35:

Stephen M. Moret

Secretary

0810#082

DECLARATION OF EMERGENCY

Department of Economic Development

Office of the Secretary

Regional Awards and Matching Grant Awards Program (LAC 13:III.Chapter 17)

The Department of Economic Development, Office of the Secretary, pursuant to the emergency provisions of the Administrative Procedure Act, R.S. 49:953(B) adopts the following Rule of the Regional Awards and Matching Grant Awards Program in order to create LAC 13:III.Chapter 17. This Emergency Rule shall become effective on October 10, 2008 and shall remain in effect for the maximum period allowed under the Administrative Procedure Act, or until a final rule is promulgated in accordance with law, whichever occurs first.

The Department of Economic Development, Office of the Secretary has found an immediate need to implement the Emergency Rules as a means to stabilize funding for the Regional Awards component of Regional Awards and Matching Grant Awards Program caused by a reduction of funding in the overall Regional Awards and Matching Grant Awards Program. The Emergency Rule will allow Louisiana Economic Development to provide stable and adequate funding for eligible non-profit economic development organizations to assist them in their comprehensive and strategic marketing and/or recruitment plans for towns, cities, parishes and regions. Stable and adequate funding is intended to help secure the location, expansion, creation or retention of business for Louisiana and jobs for Louisiana citizens. Without this Emergency Rule, the public welfare may be harmed as the result of the failure to enhance the growth and stability of Louisiana’s entrepreneurial

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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