787 KAR 2:020. Confidentiality of records
of the Office of Employment and Training.
RELATES TO: KRS 151B.280(3), 341.190
STATUTORY AUTHORITY: KRS 151B.280
NECESSITY, FUNCTION, AND CONFORMITY: KRS
151B.280(3)(a) requires the secretary of the Education and Workforce
Development Cabinet to promulgate administrative regulations to protect the
confidential nature of records and reports which directly or indirectly
identify a client or former client of programs administered by the cabinet. This
administrative regulation establishes which records of the cabinet's Office of
Employment and Training shall be considered confidential in order to encourage
full disclosure of information on the part of job applicants and employers and
to provide guidelines to employment service personnel in responding to requests
for information.
Section 1. The employment and service
records identified in this section shall be confidential and shall not be
subject to disclosure, except as provided in KRS 151B.280(3):
(1) Work opportunity tax credit:
(a) Form 8850, Pre-Screening Notice and
Certification Request for the Work Opportunity Credit;
(b) ETA Form 9061, Individual
Characteristics Form Work Opportunity Tax Credit; and
(c) ETA Form 9063, Employer Certification
Work Opportunity Tax Credit;
(2) Trade Adjustment Assistance and Trade
Re-Employment Act:
(a) TAA/TRA-855, Request for
Determination of Entitlement to TAA/TRA;
(b) TAA/TRA-855A, Request for Employment
Information;
(c) TAA/TRA-858, Request for Occupational/Remedial
Training and Allowances While in Training;
(d) TAA-858B;
(e) ETA-9042A, Petition for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA);
(f) TAA Certification of Training Waiver;
(g) ATAA-400A, Verification of Employment;
(h) ATAA-301, Verification of Employment
for Monthly Wage Supplement ATAA;
(i) ATAA-400, Request for Alternative
Trade Adjustment Assistance (ATAA);
(j) ATAA-401, ATAA Trade Certified
Employer Information; and
(k) Kentucky HCTC-100, Request for Temporary
KY-HCTC Bridge Grant Payment;
(3) Employ Kentucky Operating System
(EKOS):
(a) Customer Services-Agency Information
Screen;
(b) Customer Services-Achievement
Objectives Screen;
(c) Customer Services-Services Screen;
(d) Customer Services-Service History
Screen;
(e) Customer Services-Enrollments Screen;
(f) Customer Services-Outcomes Screen;
(g) Customer Services-Comments Screen;
(h) Customer Services-Audit Screen;
(i) Customer Services-Lit/Num Testing
Screen;
(j) Customer Services- Follow-Up Screen;
(k) Customer Services-Youth ISS Screen;
(l) Customer Detail-Gen. Info Screen;
(m) Customer Detail-Add'l Info Screen;
(n) Customer Detail-Programs & Public
Assistance Screen;
(o) Customer Detail-Programs & Public
Assistance Screen II;
(p) Customer Detail-Objective Screen;
(q) Customer Detail-Work His. Screen;
(r) Customer Detail-Ed/Lic Screen;
(s) Customer Detail-Skills Screen;
(t) Customer Detail-Saved Searches
Screen;
(u) Customer Detail-Activities Screen;
(v) Customer Detail-Comments Screen;
(w) Customer Detail-Tests Screen;
(x) Customer Detail-Tests (GATB) Popup
Screen;
(y) Customer Detail-e3 Info Screen;
(z) Comp Assess-Employment Screen;
(aa) Comp Assess-Education Screen;
(bb) Comp Assess-Financial Screen;
(cc) Comp Assess-Family Screen;
(dd) Comp Assess-Health Screen;
(ee) Comp Assess-Treatments Screen;
(ff) Comp Assess-Legal Screen;
(gg) Comp Assess-Housing Screen;
(hh) Comp Assess-Transportation Screen; and
(ii) Comp Assess-Comments Screen;
(4) Workforce Investment Act Title 1,
W.I.A. - 20, Eligibility and Verification; and
(5) OET-EA1, Commonwealth of Kentucky -
Microsoft Elevate America Program Voucher Request Form.
Section 2. Access to records of the
Division of Unemployment Insurance shall be governed by KRS 341.190.
Section 3. Sharing of Information as authorized
by law. Confidential information shall be shared only in accordance with KRS
341.190.
Section 4. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) Form 8850, "Pre-Screening Notice
and Certification Request for the Work Opportunity Credit", rev. 6/07;
(b) ETA Form 9061, "Individual
Characteristics Form Work Opportunity Tax Credit", rev. 12/06;
(c) ETA Form 9063, "Employer
Certification Work Opportunity Tax Credit", rev. 12/06;
(d) TAA/TRA-855, "Request for
Determination of Entitlement to TAA/TRA", rev. 4/06;
(e) TAA/TRA-855A, "Request for
Employment Information", rev. 1/05;
(f) TAA/TRA-858, "Request for
Occupational/Remedial Training and Allowances While in Training", rev.
8/05;
(g) TAA-858B, rev. 8/05;
(h) ETA-9042A, "Petition for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA)",
rev. 11/05;
(i) "TAA Certification of Training
Waiver", rev. 4/07;
(j) ATAA-400A, "Verification of
Employment", rev. 4/08;
(k) ATAA-301, "Verification of
Employment for Monthly Wage Supplement ATAA", rev. 4/08;
(l) ATAA-400, "Request for
Alternative Trade Adjustment Assistance (ATTA)", rev. 4/08;
(m) ATAA-401, "ATAA Trade Certified
Employer Information", rev. 4/08;
(n) Kentucky HCTC-100, "Request for
Temporary KY-HCTC Bridge Grant Payment", rev. 1/08;
(o) Employ Kentucky Operating System
(EKOS), "Customer Services-Screens 1 through 11", rev. 5/02;
(p) Employ Kentucky Operating System (EKOS),
"Customer Detail-Screens 1 through 14", rev. 5/02;
(q) Employ Kentucky Operating System
(EKOS), "Comp Assess-Screens 1 through 10", 5/02; and
(r) Workforce Investment Act Title 1, "W.I.A.-20,
Eligibility and Verification", rev. 10/06; and
(s) OET-EA1, "Commonwealth of
Kentucky - Microsoft Elevate America Program Voucher Request Form", rev.
10/09.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Office of
Employment and Training, 275 E. Main Street, 2nd Floor, Frankfort, Kentucky
40621, Monday through Friday, 8 a.m. to 4:30 p.m. (22 Ky.R. 498; 912; eff. 11-6-1995; 35 Ky.R. 401; 821; eff.
10-31-2008; 36 Ky.R. 1342; 1924; eff. 3-5-2010; 37 Ky.R. 141; 719; 10-1-2010;
1551; eff. 3-4-2011.)
