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 Administrative Letter WIOA-1-2015, seeks to establish the process for considering the request of the initial designation of local areas for the administration of the funds delegated under WIOA, including the appeal procedures in case on an adverse determination regarding the application for a local area designation. Accordingly, a local area that understands that an adverse determination made with respect to its application of automatic or subsequent designation warrants revision, might submit to the state a reconsideration statement addressed to the State Board within a term of 15 calendar days after the date of receipt of the notification. The State Board shall issue a final determination within 15 calendar days after receipt of the review request. If a denial determination is issued, the PEE might file an appeal to the USDOL within 30 calendar days from the date of receipt of the notice of the determination of the State Board.
Request: Puerto Rico must describe the appeals process local boards and CEOs must use relating to the designation of local areas established by the State Board. (WIOA Sec 106(b)(5)). If a more detailed appeals procedure is available in the document they name, please include key information within the state plan. The appeal procedure must also apply to subsequent designation and any local area requests for new local area designations.
The State Board is in the process of approving a policy regarding the local workforce development areas designation and re-designation. The State Policy will contain information regarding this full process. The content of this policy is as follows:
A unit of general local government or grant recipient that requests but is not granted designation of an area as a local area under either the initial or subsequent designation clause may submit an appeal to the Department of Economic Development and Commerce (DEDC).
- An appeal must be in writing and filed with the DEDC within fourteen (14) days after the notification of the decision. The appeal is to be submitted to the Secretary of DEDC and the President of the State Workforce Development Board.
- The appeal must contain a specific statement of the grounds upon which appeals is sought.
- The State Board will have 60 days to review the appeal and make recommendation to the Governor. The review will take into account the information of the original request and supplemental information provided in the appeal to determine if the criteria set forth in this policy have been met.
- The final decision rests in the Governor.
- If the appeal is connected to a request for initial designation under this policy and if the appeal does not result in designation, the entity may be request review by the Secretary of Labor to determine if procedure rights were granted of if the minimum criteria of WIOA Section 106(b)(2) of Section 106 (b)(3) were met. This second level of appeal must be sent within fourteen (14) days to:
Assistant Secretary of Employment and Training
United States 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
United States Department of Labor
John F. Kennedy Federal Building
Room E-350
Boston, Mass 02203