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a. 1. C. Provide the appeals process referred to in section 106(b)(5) of WIOA relating to designation of local areas

Current Narrative:

Any units of general local government or grant recipients that request but are not granted initial or subsequent designation as a local area will have the opportunity to submit an appeal to the State Workforce Board. DWD, in collaboration with the Governor’s Workforce Cabinet, will review and modify guidance related to local area designation and designation appeals.

The Appeals Process is as follows:

Appeals Process. In alignment with WIOA 106(b)(5), a denied request for local area designation by the Governor’s Workforce Cabinet (GWC) may be appealed to the Governor. An appeal must be submitted in writing and must include the reason for appeal, all material originally submitted for consideration, and any additional relevant material responding to the denial from the GWC. The Governor will have 90 days to respond to the appeal and will respond in writing. The Governor may consult the GWC as a part of the process of responding to the appeal. If a decision on the appeal for designation has not been rendered in 90 days or is denied, the requesting entity may request review by the Secretary of Labor. The Secretary may require that the area be designated as a workforce development area if the Secretary determines that the entity was not accorded procedural rights under the State appeals process, or if the area meets the designation requirements.