Narrative: a. 1. C.

Appeals Process for Initial Designation

In accordance with Section 106 of WIOA, a unit of local government (or combination of units) which has requested and been denied an initial designation as a local area under WIOA may appeal the denial to the State Board within 15 calendar days of the date of the decision.

The request for appeal must be sent by certified mail, return receipt, to the Louisiana Workforce Commission, Attention: Office of Workforce Development P.O. Box 94094 Baton Rouge, La. 70804-9094. The request must include the name of the contact person (e.g., WDB Director) and the address where official notices are to be mailed. The appeal request must be legible, written/typed clearly and concisely and the following must be placed at the top of the first page in capital letters: REQUEST FOR APPEAL. The written/typed appeal must specifically state why the designation as a LWDA should be approved. The request shall be no longer than five pages. (Exhibits and attachments are not included in the five-page limit). Within five calendar days of the receipt of the appeal, the State Board will contact the appellant to schedule a hearing date. The State Board will conduct the appeal hearing and provide a written decision to the appellant no later than ten calendar days after the hearing.

Appeal of State Board Decision If the appeal to the State Board does not result in approval for initial designation, the appellant, if appealing an initial designation under WIOA Section 106(b)(2) or subsequent designation under Section 106(b)(3), may request review by the Secretary of Labor. An appeal to the Secretary must be submitted by the appellant or grant recipient no later than 30 calendar days after receipt of written notification from the State Board that the appeal has been denied. Appeals must be submitted by certified mail, return receipt requested, to the Secretary, U.S. Department of Labor, Washington, DC 20210, Attention: Assistant Secretary, Employment and Training Administration. A copy of the appeal must be simultaneously provided to the State Board. If the Secretary determines that the appellant was not accorded procedural rights under the appeal process established under the above section, or that the area meets the requirements for initial or subsequent designation in WIOA Section 106(b)(2) or 106(b)(3), the Secretary may require that the area be designated as a workforce development area. The Secretary must issue a written decision to the Governor.