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

Current Narrative:

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 (see DWD Policy 2023-14 re: Identification of Regions and Designation of Local Areas at https://www.in.gov/dwd/compliance-policy/policy/active/). 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 if designation 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.