Located in:
- Program-specific Requirements for Adult, Dislocated Worker, and Youth Activities under Title I-B
The Unified or Combined State Plan must include the following with respect to activities carried out under subtitle B—
a. 1. C. Provide the appeals process referred to in section 106(b)(5) of WIOA relating to designation of local areas
Current Narrative:
(C) Provide the appeals process referred to in section 106(b)(5) of WIOA relating to designation of Local Areas.
In the event that a unit of general local government (including a combination of such units) is not granted re-designation, or an area is not re-designated as a planning region, the Local Area or region may appeal the decision, pursuant to Section 106(a)(5) of WIOA to the GWDB. In the decision not to re-designate a Local Area or region, the Governor shall temporarily designate the successor for the previously designated Local Area or region. Should the previously designated area or region wish to appeal, such an appeal must be made in writing within 30 days of the Governor’s decision not to re-designate either the Local Area or region. If the appeal does not result in a designation of the Local Area or a region, the United States Secretary of Labor, after receiving a request for review from the unit and on determining that the unit was not accorded procedural rights as specified under Section 102(b)(2)(D)(i)(III) of WIOA, or that the area meets the requirements as set forth above, may require the area be designated as a Local Area or region.
The appeal process for initial designation of Local Areas is reflected in the GWDB's Local Workforce Development Board Certification Policy most recently issued on July 1, 2019. The Board will work with USDOL through technical assistance to redevelop and reissue this policy by December 31, 2020. The updated issuance will include the procedure for Local Areas to appeal designations to USDOL should they not be satisfied with State decisions.