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a. 1. D. Provide the appeals process and policy referred to in section 121(h)(2)(E) of WIOA relating to determinations for infrastructure funding

Current Narrative:

Wisconsin's state policy on appeals process relating to determinations for infrastructure funding is outlined in DWD-DET's WIOA Titles I-A and I-B Policy and Procedure Manual Chapters 2.6.2: https://dwd.wisconsin.gov/wioa/policy/02/02.6.htm.

One-stop partners may submit a written appeal to the CWI chair and executive director within 15 calendar days of receiving a written determination notification.  Appeals submitted after this time will not be considered.

The appealing entity must explain why it believes the determination is contrary to the provisions of WIOA § 102(b)(2)(D)(i)(IV).  No other cause for appeal will be considered.  The CWI chair will convene a special meeting of a designated committee to review and respond to the appeal in writing within 30 calendar days of its receipt.

If the petitioning entity is denied, further appeal to the Secretary of Labor may occur if the entity alleges that the area meets the requirements of WIOA § 102(b)(2) or that the entity was not accorded procedural rights under the state appeal process described herein.  All such appeals to the Secretary must be submitted within (15) calendar days of receipt of the notification of denial by CWI on behalf of the Governor.  The appealing entity must simultaneously notify the Governor and CWI of such an appeal to the Secretary of Labor.  The Secretary of Labor will make a final decision within thirty (30) calendar days after the appeal is received.  The Secretary of Labor will notify the Governor and the appellant in writing of the Secretary's decision.

Pending the Secretary of Labor's decision, the original determination of infrastructure costs will be implemented.