Adult, Dislocated Worker, and Youth Activities

If a local area is denied subsequent designation, the Chief Elected Official (CEO) may submit an appeal to the State consistent with the current Department of Labor and Economic Opportunity (LEO) Grievance and Complaint Policy and Workforce Innovation and Opportunity Act (WIOA) Section 106(b)(5). 

The State will approve requests for subsequent designation from the CEO and the local Workforce Development Board if the following criteria are met during the two program years preceding the subsequent designation : 

• The local area performed successfully,
   
• The local area sustained fiscal integrity, and
   
• The local area met the planning requirements described in the WIOA Section 106(c)(1). 

Subsequent designation does not apply to areas that received discretionary designation. 

The Michigan Works! Agencies (MWAs) that were originally approved under initial designation criteria, may be considered at any time for approval under new discretionary designation criteria if the local area meets the following requirements pursuant to Section 106(b)(1)(B) of the WIOA: 

• Is consistent with labor market areas,
   
• Is consistent with reginal economic development areas,

• Has available the Federal and non-Federal resources necessary to effectively administer WIOA activities,

• Has appropriate education and training providers,

• Is consistent with the geographical boundaries of the WIOA planning regions, and 
   
• Meets the aforementioned criteria for subsequent designation. 
   
  The Department of Labor and Economic Opportunity Grievance and Complaint Policy establishes a process for grievances filed by participants, sub-grantees, subcontractors, service providers, employees, One-Stop partners, providers of training services, and other interested parties.  The policy also establishes a process for appeals filed by local grant recipients regarding non-designation of a local area, monitoring findings, single audit resolution findings/issues, and other matters.  This Grievance and Complaint Policy is located on the LEO website with other policies.   
   
  Appeals to the LEO are to be filed no later than 30 days from receipt of the LEO decision to not approve new discretionary or subsequent designations.  All appeals are to be submitted by certified mail to the LEO, with return receipt requested.
   
  The LEO may take any of the following actions: 

1. Reject the Appeal:  An appeal may be rejected, and a final determination issued for any of the following reasons:
    

• It lacks merit. 
• The appeal does not state a grievable issue. 
• There is no relief that can be granted. 
• The petitioner fails to comply with the applicable procedures (e.g., the 30-day filing requirement). 

2.  Hearing:  An opportunity for a hearing must be provided unless the appeal is rejected by LEO, if the parties agree to waive a hearing, or if the appellant withdraws the appeal.  If a hearing is to be held, it is to be conducted within 30 days of the receipt of the appeal. 

a.     Hearing Notice:  The parties will be provided a written notice of the date, time, and place of the scheduled hearing and of the opportunity to present evidence, including witnesses.  The notice of hearing shall indicate the issues to be decided.  Notice is to be given not less than ten days prior to the scheduled hearing date. 

b.     Hearing Process:  At a minimum, the hearing process shall include: 

• A hearing officer. 
• An opportunity for each party to present witnesses (subpoenas are not authorized under this policy) and evidence. 
• An opportunity for each party to ask questions of all witnesses providing testimony at the hearing. 
• A record of the hearing and a list of all evidentiary exhibits presented at the hearing.  At the discretion of the hearing officer, there may be an opportunity to exchange evidentiary information prior to the hearing.

 Decision:  A written decision is issued not later than 60 days after the filing of the appeal.  The local grant recipient may appeal non-compliant grievance procedures of the LEO to the Governor's Workforce Development State Board.  If the appeal does not result in subsequent designation, an appeal may be filed with the Secretary of the U.S. Department of Labor within 60 days of the receipt of the Governor's Workforce Development State Board decision by certified mail, with a return receipt requested.  A copy of the appeal must be simultaneously provided to the U.S. Department of Labor’s Regional Administrator and to the LEO.  The decision by the Secretary of the U. S. Department of Labor is final.