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:
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 (the GWC) in alignment with WIOA 106(b)(5), 20 CFR 683.630-640, and the Appeals process outlined below.
*Note - Indiana is in process of revising WIOA Complaint, Grievance, and Appeals guidance to ensure alignment with this process. Timelines and steps listed below are subject to change in alignment with the State’s appeals and hearing processes.
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. An appeal must be submitted in writing (within 30 days of the denial) 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. An opportunity for a hearing must be provided. In the event of a hearing, it will be scheduled within 60 days of receipt of the appeal. If a decision on the appeal for designation has not been rendered in 90 days (from receipt of appeal) 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.