Regulation On The Conditions And The Procedure For The Accreditation Of Specialized Bodies And Admission Of Carriers And Measures Of Employment Promotion After The Third Book Of The Social Code

Original Language Title: Verordnung über die Voraussetzungen und das Verfahren zur Akkreditierung von fachkundigen Stellen und zur Zulassung von Trägern und Maßnahmen der Arbeitsförderung nach dem Dritten Buch Sozialgesetzbuch

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Regulation on the requirements and the procedure for the accreditation of competent bodies and the approval of institutions and measures for the promotion of employment in accordance with the Third Book of the Social Code (Accreditation Regulation and Admission Regulation Job Promotion-AZAV)

Non-official table of contents

AZAV

Date of issue: 02.04.2012

Full quote:

" Accreditation and Accreditation Ordinance of Work Promotion of 2. April 2012 (BGBl. I p. 504) "

footnote

(+ + + text evidence from: 6.4.2012 + + +)

unofficial table of contents

input formula

§ 184 of the Third Book of the Social Code-Employment Promotion-which is defined by Article 2 (18) of the Act of 20. December 2011 (BGBl. 2854), the Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs): Non-official table of contents

§ 1 Accreditation procedure

the examination in accordance with Section 177 (2), first sentence, point 2 of the Third Book of the Social Code shall take into account, in particular, the accreditation body whether the persons responsible for the certification of institutions and measures at the certification body Knowledge of the subject areas pursuant to § 5 paragraph 1 sentence 3 as well as with regard to the content and implementation of measures according to § § 45 and 81 and 82 of the Third Book of Social Code. Non-official table of contents

§ 2 bearer approval

(1) A carrier is capable of performing the benefits under section 178 (1) of the Third Book of Social Law and shall be reliable, in particular if its financial and professional capacity is guaranteed and where there are no facts to indicate its unreliability or those of the persons appointed to manage the transactions. In order for the competent authority to be able to assess the performance of the carrier, it shall in principle receive the following information and evidence from the carrier:
1.
a statement, whether or not an insolvency proceedings have been initiated, requested or refused to open the opening of a lack of mass,
2.
a presentation of his or her organisational and Staff structure and the appropriateness of these structures for the implementation of work-support measures,
3.
a presentation of the suitability of its participants premises and
4.
an overview of its current offer of measures.
In order to ensure the reliability of the support, the competent authority , the institution shall, in principle, receive the following information and evidence from the institution:
1.
in the case of natural persons Name, date of birth, place of birth, competent the address, address of the place of business and branches of which the measures to promote employment are to be offered, and, in the case of legal persons and partnerships, the name, date of birth and place of birth of the representatives of the representative; the representative in accordance with the law, the statutes or the social contract, the address of the place of business and the branches of which the measures of the promotion of employment are to be offered and as far as the institution is registered in the association or commercial register is, a corresponding excerpt,
2.
a statement by the institution, the legal representative or the legal representative or by legal persons or not legal persons associations of persons entitled to representation or management pursuant to the law, articles of association or the social contract for representation or management of persons entitled to criminal proceedings, criminal proceedings pending, investigation procedures and industrial subordinations within the last five years.
(2) The ability of the institution to support the integration of the participants in accordance with Section 178 (2) of the Third Book of Social Code shall, in particular, require that he be engaged in the implementation of measures The situation and development of the training and labour market are taken into account. In order for the competent authority to be able to assess this capacity of the carrier, it shall in principle receive the following information and evidence from the carrier:
1.
a representation of Art. and the scope of cooperation with actors in the training and labour market on the ground,
2.
a presentation of the methods used by the institution to labour-market-relevant developments,
3.
an overview of the measures already implemented in the respective department pursuant to § 5 (1) sentence 3 and their Labour market results and
4.
Reviews of the carrier by participants and companies.
(3) In order to enable the expert body to assess whether the off-and-out-and Further training as well as professional experience of the management as well as of the teaching and experts according to § 178 (3) of the Third Book of the Social Code a successful implementation of a measure can be expected, it receives from the institution basically the following information and evidence:
1.
on the person, education and training of the management, as well as the teaching and professional staff, including their professional career and their practical experience. Professional experience in the department,
2.
on the pedagogical aptitude of teaching staff, including their methodical didactic competence, and
3.
Reviews of teachers and professionals by participants.
(4) A system for safeguarding the quality according to § 178, point 4 of the Third Book of the Social Code is available if: Targeted and systematic procedures and measures to ensure the quality of services and to continuously improve them. In order to enable the competent authority to assess the existence of the conditions, it receives a documentation from the institution in principle
1.
for a customer-oriented and integration into the training and labour market mission statement,
2.
on the organisation and management of enterprises, including the definition of Company objectives and the implementation of own audits of the company's functioning,
3.
towards a goal-oriented approach to the qualification and further training of the Management and teaching staff,
4.
to target agreements, including the measurement of the achievement of objectives and the control of continuous optimization processes Basis for indicators and indicators,
5.
to take account of labour market developments in the design and implementation of measures of the Work promotion,
6.
on the methods for promoting the participants ' individual development, integration and learning processes,
7.
about the methods of evaluating the actions carried out and their labor market results,
8.
to the way of continuous collaboration with third parties and the continuous development of this collaboration and
9.
for a systematic complaint management, including taking into account regular surveys of the participants.
(5) The contractual agreements according to § 178 Point 5 of the Third Book of the Social Code is intended to provide that, after completion of the measure, the participant will be given a certificate of participation containing information on the content, time scale and aim of the measure.(6) The examination as to whether the conditions for admission to the department pursuant to Article 5 (1) sentence 3 (6) are available shall be limited to the requirements laid down in § 178 of the Third Book of the Social Code and in this Regulation.(7) In so far as the institution cannot make any information from its previous activity in individual cases, it shall explain in a suitable manner to the competent authority how the respective requirement will be fulfilled. Unofficial table of contents

§ 3 Admission approval

(1) A measure leaves a Social Code in accordance with Section 179 (1), first sentence, point 1 of the Third Book of Social Law expect successful participation if
1.
Policy objectives, duration and content are designed to meet the requirements of the target group and the measure target and
2.
it takes into account current developments in the training and labour market.
(2) The Federal Employment Agency publishes annually the average cost rates according to § 179 (1) sentence 2 and § 180 (3) sentence 1 (3) of the Third Book of the Social Code.(3) In the case of the examination in accordance with Section 179 (1), first sentence, point 3 of the Third Book of the Social Code, whether the costs of a measure are appropriate, the expert body shall take into account in particular the concept of measures, including their calculation.(4) When examining whether the costs of a measure pursuant to Section 45 (4), third sentence, point 1 of the Third Book of the Social Code do not disproportionately exceed the average cost rates in accordance with § 179 (1) sentence 2 of the Third Book of the Social Code, shall take into account the specificities of the measure and its quality of content.(5) In so far as a measure is to be authorised for the implementation of which an authorisation is required, it shall be submitted to the expert body.(6) The expert authority may allow measures to be taken. The authorisation shall also apply to a measure consisting of approved measures, if the institution ensures that this measure is individually tailored to the needs of the participants and the training and labour market, and that it shall be subject to the following conditions: the requirements of § 45 or § § 81 and 82 of the Third Book of the Social Code are fulfilled. Non-official table of contents

§ 4 Supplementary requirements for continuing vocational training measures

(1) Insofar as measures of continuing vocational training In accordance with § § 81 and 82 of the Third Book of the Social Code, which prepare for professional qualifications in recognized occupations or occupations regulated by a federal or national law, the competent authority shall be subject to confirmation. to submit to the competent authority or to the competent supervisory authority on the suitability of the institution as a training place.(2) The Federal Employment Agency is to give its consent pursuant to Section 180 (3), first sentence, point 3 of the Third Book of the Social Code, of a special interest in the labour market policy interest in the measure and the proof of the above-average technical, organisational or staffing expenses for the implementation of the measure. Non-official table of contents

§ 5 Admission procedure

(1) In the context of the carrier authorisation, the competent authority shall examine the existence of the requirements of the § 2 (1) to (6), based on the respective department. The location-related test shall include the locations of the carrier. The respective departments are:
1.
Measures for activation and occupational integration in accordance with § 45 (1) sentence 1 (1) to (5) of the Third Book Social Code,
2.
solely for profit-related employment mediation in employment subject to insurance subject to § 45 (4) sentence 3 (2) of the third party Book Social Code,
3.
Measures of career choice and vocational training according to the third section of the third chapter of the Third Book Social Code,
4.
Vocational training measures according to the Fourth Section of the Third Chapter of the Third Book of the Social Code,
5.
Transfer services according to § § 110 and 111 of the Third Book of the Social Code,
6.
Measures to the Participation of disabled persons in the working life according to the seventh section of the third chapter of the Third Book of the Social Code.
(2) Within the scope of the approval, the competent authority shall examine the existence of the requirements of § § 3 and 4 Location. The second sentence of paragraph 1 shall apply accordingly.(3) The reference selection in accordance with Section 181 (3) of the Third Book of the Social Code is based on an independent, representative sample selection of the expert body. The reference selection can be carried out for the examination of measures whose costs do not exceed the average cost rates according to § 179 (1) sentence 2 or § 180 (3) sentence 1 (3) of the Third Book of the Social Code.(4) The duration of the authorisation of measures shall be based on the likely developments in the training and labour market. It should be limited to a maximum of three years. It may be limited to a maximum of five years, provided that the development in the training and labour market is not likely to have a significant impact on the measure.(5) Amendments made by the institution of the competent authority pursuant to Section 181 (5), second sentence, in conjunction with Section 177 (4) of the Third Book of the Social Code, are in particular those which include the locations of the institution, its departments, and the Implementation of the measure.(6) The certificate pursuant to Section 181 (6), second sentence, point 1 of the Third Book of the Social Code for the approval of the institution shall be accompanied by a facility in which the locations are listed with the respective departments and which are continuously updated. The first sentence shall apply mutatily to the certificates referred to in the second sentence of section 181 (6) of the Social Code and the third sentence of the third sentence of the Third Book(7) § 181 (7) of the Third Book of the Social Code shall apply in accordance with a measure consisting of approved measures for the provision of measures. The time limit to be set by the competent authority in accordance with Section 181 (7) of the Third Book of Social Code shall be chosen in the manner required in order to comply with the legal requirements as soon as possible and not to re-implement it. to prevent legal action.(8) The examination of the implementation of measures and the monitoring of the success of these measures shall be the sole responsibility of the Agency for Employment in accordance with Section 183 of the Third Book of Social Code. Within the scope of Section 181 (7) of the Third Book of the Social Code, the competent authority shall examine whether the findings communicated to it pursuant to Section 183 (4) of the Third Book of the Social Code shall have an effect on the admission. Non-official table of contents

§ 6 Cooperation

(1) The accreditation body, the expert bodies and the Federal Employment Agency work in together, trusting together all questions concerning the admission of carriers and measures.(2) The Bundesagentur für Arbeit (Federal Employment Agency) may provide the competent bodies with instructions for implementation which take these into account during the examination. In doing so, it has to comply with the recommendations of the Advisory Board pursuant to § 182 of the Third Book of the Social Code. Non-official table of contents

§ 7 Transitional regulation

Recommendations of the Recognition Advisory Board in accordance with the Recognition and Admission Ordinance-Continuing training of the 16. June 2004 (BGBl. I p. 1100) in the up to the 31. March 2012 shall be valid until new recommendations become effective unless they are contrary to the legal provisions of the Third Book of Social Code and this Regulation. unofficial table of contents

§ 8 Entry into force

This regulation will enter into force on the day after the announcement. At the same time, the Recognition and Admission Ordinance-Continuing Training of 16. June 2004 (BGBl. 1100), as defined by Article 453 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407), except for force.