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:
The following is excerpted from Colorado’s Policy Guidance Letter WIOA-2015-01, Change 1 (note that the naming conventions for Policy Guidance Letters changed in PY16, so the name is being updated here) regarding the designation of local areas:
APPEALS PROCESS POLICY:
An area or areas seeking to be designated or re-designated, as a Local Workforce
Development Area, which has requested but has been denied its request for designation
or re-designation as a Local Area, may appeal the decision to the Colorado Workforce
Development Council.
1. An appeal must be in writing and filed with the Colorado Workforce Development
Council within fourteen (14) days after notification of the decision. Submit the appeal
to the Chairperson of the Colorado Workforce Development Council (CWDC) and to
the Director of the CWDC by sending an email to cwdc@state.co.us.
2. The appeal must contain a specific statement of the grounds upon which the appeal is
sought.
3. The State board will have 60 days to review the appeal and make a recommendation
to the Governor. The review will take into account the information in the original
request and supplemental information provided in the appeal to determine if the
criteria set in this policy has been met.
4. The final decision rests with the Governor.
5. If the appeal is connected to a request for initial or subsequent designation under
section V. A. or section V. B. of this policy, and if the appeal does not result in
designation, the entity may request review by the Secretary of Labor to determine if
procedural rights were granted or if the minimum criteria of WIOA Section 106(b)(2)
or Section 106(b)(3) were met. This second level of appeal must be sent within 14
days to:
Assistant Secretary of Employment and Training
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
A copy of the appeal must be simultaneously provided to the:
ETA Regional Administrator
U.S. Department of Labor
525 S. Griffin Street
Dallas, TX 75202
In addition, a copy must be sent to the CWDC at cwdc@state.co.us.
6. If the final decision of any appeal reverses the prior decision, it will become effective July 1st of the following year.