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(1) Section 39-51-2307 (1) , MCA, denies benefits to individuals who do not have a genuine attachment to the labor market because of their regular secondary school attendance or full time attendance at an institution of higher education in the pursuit of a bachelor's or higher degree or in a program of post graduate or post doctoral studies.

(2) Section 39-51-2307 (2) , MCA, allows the department to pay benefits to individuals engaged in other types of training which, as determined by the department, represent for those individuals the most reasonable and appropriate approach to reemployment in stable employment which utilizes their skills and abilities to the greatest possible degree.

(3) Training that may be approved under this section includes job search workshops and vocational or technical training, including basic education required as a prerequisite to such training, conducted as part of a program designed to prepare individuals for gainful employment in recognized occupations and in new and emerging occupations. Short-term vocationally-directed academic courses may also be approved.

(4) The department will approve training for any claimant under the following conditions:

(a) The training facility is approved by the department and by the agency of state government authorized to approve training facilities with respect to curriculum, facilities, staff and other essentials necessary to achieve the training objective, including appropriate standards and practices as to satisfactory attendance and performance of trainees;

(b) The claimant's skills are in need of upgrading due to technological or other advances in the claimant's occupational field or present or impending demands for the claimant's skills are minimal or declining and are not likely to improve;

(c) The training course relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in any labor market area in the state in which the claimant intends to seek work;

(d) The claimant has aptitudes or skills which can be usefully supplemented by the training; and

(e) In general, the claimant's present occupational situation is one which could be improved by the training.

(5) On a week-to-week basis a trainee meeting the foregoing qualifications may continue to receive benefits until benefits are exhausted if the training facility certifies that the claimant is enrolled in and satisfactorily pursuing the training course.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-2307, 39-51-2401, MCA; Eff. 12/31/72; AMD, 1988 MAR p. 2723, Eff. 1/1/89; TRANS, from ARM 24.11.412, Eff. 1/1/89; AMD, 1992 MAR p. 2076, Eff. 9/11/92.

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