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

Read the untranslated law here: http://www.gesetze-im-internet.de/azav/BJNR050400012.html

Regulation on the conditions and the procedure for the accreditation of specialized bodies and admission of carriers and measures promoting work based on the third book of social security code (accreditation and approval regulation work promotion - AZAV) AZAV Ausfertigung date: 02.04.2012 full quotation: "accreditation and approval regulation work promotion from April 2, 2012 (Federal Law Gazette I p. 504)" footnote (+++ text detection from: 6.4.2012 +++) input formula on the basis of § 184 of the third book the social law - employment promotion , by article 2 number 18 of the law of December 20, 2011 (BGBl. I S. 2854) is changed, decreed the Federal Ministry of labour and Social Affairs: § 1 accreditation procedures in testing after article 177, paragraph 2, sentence 1 number 2 of the third book of the social code takes into account the accreditation body in particular, whether the commissioned on the certification authority with the approval of institutions and measures people knowledge of a departments according to section 5, paragraph 1, sentence 3, as well as with regard to content and implementation of measures according to the § § 45 as well as 81 and 82 of the third book of the social code.

§ 2 vehicle registration (1) is a carrier according to § 178 number 1 of the third book of the social code efficiently and reliably, in particular its financial and technical capacity is guaranteed and there are no facts, that his unreliability, or those who ordered for the conduct of business present. So that the competent authority can assess the performance of the carrier, the carrier receives following information and evidence: 1 requested a declaration of whether his assets an insolvency proceedings, or the opening of lack of assets was rejected, 2 representation on its organizational and staff structure, as well as the suitability of these structures for the implementation of measures of employment promotion, 3. a representation of the suitability of its premises for use by the participants and 4 an overview of be current offer of measures.
Order the competent authority is able to assess the reliability of the carrier, it receives following information and evidence from the carrier: 1 natural persons name, date of birth, place of birth, delivery address, address of the head office and the branch offices, from which the measures of employment promotion will be offered, as well as legal persons and partnerships name, date of birth and place of birth of the representatives or the representatives act , Articles of association or social contract, address of the head office and the branch offices, of which the measures of employment promotion will be offered and as far as the winners in the club or commercial register is registered, an appropriate excerpt, 2. an explanation of the carrier, the legal representative or of the legal representative or legal entities or not legal person associations of those entitled by law, statute or memorandum to the representation or management translated , pending criminal proceedings, preliminary investigations and commercial banned over the last five years.
(2) the ability of the carrier to support the inclusion of participants according to article 178, paragraph 2 of the third book of the social code requires in particular that he when performing location and development of the training and labour market measures taken into account. Order the competent authority is able to assess this ability of the wearer, it receives following information and evidence from the carrier: 1. a representation of the nature and extent of cooperation with stakeholders of the training and labour market on site, 2. a representation of the methods with which the carrier takes into account current labour market developments, 3. an overview of the measures already undertaken in the relevant technical area according to section 5, paragraph 1, sentence 3 and their labour market results and 4 reviews of the wearer by participants and companies.
(3) so that the competent authority can assess whether the education, training and experience of management as well as the teaching and professionals according to § 178 number 3 of the third book of the social code expect a successful implementation of a measure by the carrier gets following information and evidence: 1 the person as well as to the education and training of management, as well as the teaching and associate professionals , including their professional career and their practical work experience in the Department, 2nd to the educational suitability of teaching and professionals, including their methodical didactic competence, and 3 reviews of teaching and professionals by participating.
(4) a system of quality according to § 178 is number 4 of the third book of the social code, if through targeted and systematic procedures and measures the quality of the services is guaranteed and continually improved. Order the competent authority is able to assess the existence of the conditions, it receives from the carrier a documentation principle 1 mission statement to a customer-oriented and to integration into the training and employment market, 2nd to the business organization and leadership, including the definition of business goals and your own tests to the functioning of the company, 3 on a goal-oriented approach to the qualification and training of management and the teaching professionals , 4. targets, including the measurement of goal achievement and control ongoing optimization processes based on collected metrics and indicators, 5. to take account of arbeitsmarktlicher developments in design and implementation of measures of employment promotion, 6 methods for promoting individual development, inclusion and learning of the participants, 7 to the methods of the evaluation of the measures taken, as well as results of their arbeitsmarktlichen, 8 to the manner in which the continuous collaboration with third parties and the continuous development cooperation and 9 to a systematic Complaint management, including regular surveys of the participants.
(5) that section 178 number 5 of the third book of the social code are contractual agreements to provide that upon completion of the action a certificate of attendance with information content, temporal scope and objective of the measure is issued to the participating.
(6) the examination, whether the conditions for the approval of the Department number 6 are available according to section 5, paragraph 1, sentence 3, is limited to the requirements set out in section 178 of the third book of the social code and this regulation on carrier.
(7) if the carrier in some cases can make no data from his previous occupation, he has to the competent authority in an appropriate manner to demonstrate how the respective request will be fulfilled.

§ 3 measure approval (1) a measure suggests according to article 179, paragraph 1, sentence 1 a successful participation in number 1 of the third book of the social code, if 1 objectives, duration and content of the action on the requirements of the target group and the action goal are designed and 2 current developments of the educational and labour market takes them into account.
(2) the federal employment agency annually publishes the average pay rates according to article 179, paragraph 1, sentence 2 and article 180, paragraph 3, sentence 1 number 3 of the third book of the social code.
(3) in the case of the examination according to article 179, paragraph 1, sentence 1, number 3 of the third book of social code, whether the costs of action are adequate, considered the expert body in particular the action conception, including their calculation.
(4) for the testing, whether the cost of a measure the average pay rates not disproportionately exceed number 1 of the third book of the social code according to section 45, paragraph 4, sentence 3 according to § 179 (1) sentence 2 of the third book of the social code, are to take into account the specifics of the measure and the quality of their content.
(5) where a measure is to be admitted to a permission is required for its implementation, the competent authority is to present.
(6) the competent authority may permit action building blocks. The approval also applies a measure consisting of approved measure blocks, if the carrier to ensure that this measure individually matched of the participants and of the training and labour market needs, and it meets the requirements of section 45 or the articles 81 and 82 of the third book of the social code.

§ 4 supplementary requirements on measures of vocational training (1) as far as measures of continuing vocational training according to the articles 81 and 82 of the third book of the social code to allow, which prepare, on vocational courses in recognized training occupations or federal or regulated regulated professions is to submit a confirmation of the competent authority or authorities about the suitability of the vehicle as a training ground to the competent authority.

(2) the Federal Agency for work do number 3 of the third book the social law of a special labour market policy interest in the measure and the proof of necessary überdurchschnittlicher technical, organisational or personnel expenses for the implementation of the action dependent on their consent according to article 180, paragraph 3, sentence 1.

§ 5 admission procedure (1) in the framework of carrier approval checks the competent authority the existence of the requirements of the article 2 paragraph 1 to 6 locations and relative to the respective Department. The location-based check includes the locations of the carrier. The respective faculties are: 1 measures to activate and professional inclusion according to article 45, paragraph 1, sentence 1 number 1 to 5 of the third book of social code, 2. paid employment in employment must exclusively erfolgsbezogen according to article 45, paragraph 4, sentence 3 No. 2 of the third book of social code, 3 measures of vocational choice and vocational training according to the third section of the third chapter of the third book of the social code , 4.
Measures of vocational training after the fourth section of the third chapter of the third book of the social code, 5. transfers to the sections 110 and 111 of the third book of social code, 6.
Measures for the participation of disabled persons in working life according to the seventh section of the third chapter of the third book of the social code.
(2) within the framework of the measure approved, the competent authority checks the existence of the requirements of articles 3 and 4 locations. Paragraph shall apply accordingly 1 sentence 2.
(3) the reference selection is based on an independent, representative sampling of the competent authority according to article 181, paragraph 3 of the third book of the social code. The reference selection can be performed for the examination of measures, the costs of which number 3 of the third book of the social code will not exceed the average cost after section 179, paragraph 1, sentence 2 or article 180, paragraph 3, sentence 1.
(4) the duration of the authorisation of measures depends on the expected developments on the education and labour market. She should be limited to no more than three years. Can be limited to no more than five years unless the development on the education and labour market likely to have any significant effect on the measure.
(5) changes that the institution of the competent authority of the third to inform book social code has according to § 181 paragraph 5 sentence 2 in conjunction with § 177 paragraph 4, are in particular those relating to the locations of the carrier, its departments and the implementation of the action.
(6) according to article 181, paragraph 6, sentence 2 No. 1 of the third book the social law on the authorisation of the holder is the certificate an attach lists the sites with their respective disciplines and is continuously updated. Sentence 1 shall apply accordingly for the certificates according to article 181, paragraph 6, sentence 2 number 2 and 3 of the third book of the social code.
(7) article 181, paragraph 7 of the third book of the social code shall apply a measure consisting of approved measure components accordingly. The deadline to be translated by the competent authority according to article 181, paragraph 7 of the third book of the social code is to choose, as it is required to meet the legal requirements as soon as possible and to prevent the renewed not lawful measures.
(8) the review of the implementation of measures and the monitoring of the success of these measures are according to § 183 of the third book the social act alone of the employment agency. The specialized section shall examine in the context of § 181 paragraph 7 of the third book of the social code whether the findings communicated to it in accordance with section 183, paragraph 4, of the third book of the social code have an effect on the approval.

§ 6 cooperation (1) the accreditation body, the specialized agencies and the federal employment agency with regard to the admission of carriers and measures confidently collaborate.
(2) the Federal agency may make implementation notes the specialized agencies available, which take them into account when assessing. She has to consider the recommendations of the Advisory Board according to section 182 of the third book of the social code.

§ 7 transitional recommendations of the recognition Advisory Board after the recognition and approval regulation - training of 16 June 2004 (Federal Law Gazette I p. 1100) in until March 31, 2012 amended to effectively becoming new recommendations shall continue to apply unless they object not the legislation of the third book of the social code and this regulation.

Article 8 entry into force, expiry this regulation enter into force on the day after the announcement. At the same time the recognition and approval regulation - training of 16 June 2004 (BGBl. I p. 1100), by Article 453 of the Decree of October 31, 2006 (BGBl. I S. 2407) is been changed other than force.