Adult, Dislocated Worker, and Youth Activities

(D) Provide the appeals process referred to in section 121(h)(2)(E) of WIOA relating to determinations for infrastructure funding.

On September 14, 2016, the GWDB approved Policy Issuance 2016-09, entitled WIOA Memorandum of Understanding and Resource Sharing Agreements. The Policy outlines the requirements of a WIOA compliant Memoranda of Understanding and Resource Sharing Agreements, and further outlines the process in which disputes regarding funding are resolved. For purposes of an appeal of a determination regarding the state formula of infrastructure funding, the impasse process outlined in the Policy should be used to resolve the appeal. The impasse process is as follows:

Impasse Step 1: GWDB Proposes Resolution

The GWDB Executive Director is responsible for notifying the GWDB Chair that an impasse has been declared. At this point, the GWDB Executive Director and the MD Labor -DWDAL Assistant Secretary must provide the GWDB Chair with relevant materials for review, including but not limited to: 1. the completed Dispute Resolution Form; and 2. MD Labor -DWDAL Assistant Secretary’s proposed resolution. In turn, the GWDB Chair is responsible for selecting three GWDB members to serve as members of an Impasse Review Team. The Impasse Review Team must investigate the dispute to obtain additional information or to clarify the facts presented. Within 14 business days of the declaration of impasse, the Impasse Review Team must meet to discuss the dispute with all appropriate state and local partners. After meeting, within seven business days, the Impasse Review Team must provide a written response and dated summary of the proposed resolution to all appropriate Parties. The Local Board Chair (or designee) then must contact the petitioner, the appropriate state and local partners (when a local partner is not the petitioner) and the Local Board (when the Board is not the petitioner) to verify that all appropriate Parties are in agreement with the proposed resolution. The state will consider the dispute to be settled when all partners are in agreement. If the dispute is not resolved within ten business days of receipt of the GWDB Impasse Review Team’s written response, then Step 2 of the impasse procedure must be followed.

Impasse Step 2: Governor Resolves Dispute

After an impasse has gone through Step 1 and remains unresolved, then it is the responsibility of the GWDB Chair to inform the Governor of the impasse. The Chair must provide the Governor with relevant materials for review, including but not limited to: 1. the completed Dispute Resolution Form; 2. MD Labor -DWDAL Assistant Secretary’s proposed resolution; and 3. The GWDB Impasse Review Team’s proposed resolution. Upon review, the Governor will determine how the impasse shall be resolved. The Local Board Chair will ensure that all partners are aware of the Governor’s decision. In accordance with WIOA, the impasse decision made by the Governor shall be applicable to the Local Area for that PY and for each subsequent PY for which partners fail to reach such agreement. WIOA Final Rules specify that if the state cannot assist the Local Board in resolving the impasse, the Governor or the GWDB must report the failure to the U.S. Secretary of Labor and to the head of any other federal agency with responsibility for oversight of a partner’s program.

Appeal of Infrastructure Funding Determinations

Pursuant to guidance from USDOL, the specific requirements for the local funding agreements, which are related to how the shared and infrastructure costs of the AJC service delivery system will be paid by the AJC partners, need not be satisfied in the funding agreements for PY16.  States and Local Areas may continue to negotiate local funding agreements as they have been doing under Workforce Investment Act for purposes of PY16.  However, the local funding agreements must satisfy the requirements of section 121(h) of WIOA for purposes of funding the AJC system in PY17. Therefore, Maryland, pursuant to the Act, will establish a process for an AJC partner administering a program to appeal a determination regarding the portion of funds to be provided through upcoming policy.