Narrative: a. 1. C.

Any local government entity that requests but is not granted initial designation, may, within thirty days of denial, submit a written request for appeal to the State Workforce Board. Appellants must submit the appeal in writing and include a copy of the original request for designation, a copy of the denial letter, and provide sufficient evidence to establish that it meets the requirements for local area designation under WIOA. Appeals must be submitted via certified mail to: the current State Workforce Board Director, 120 State House Station, Augusta, Maine 04333-0120. Once the SWB director receives the appeal the formal appeals process is initiated, which is comprised of the following steps:

1. A hearing will be scheduled with an impartial hearing’s unit within 45 days of receipt of the appeal, during which the additional evidence in support of local area designation will be reviewed and considered.
2. A formal response to the appellant will be provided by the hearing’s unit via certified mail, within 45 days of the hearing. The formal response will cite the criteria considered in either approving or denying the appeal for local area designation.
3. If the appeal does not result in local area designation, the local board may appeal to the Secretary of the U.S. Department of Labor as follows:
4. Appeals to the Secretary must be filed, via certified mail - return receipt, no later than 30 days after receipt of notification of denial by the State Workforce Board and must be submitted to: Secretary, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210, Attention: ASET. A copy of this request must be submitted simultaneously to the State Workforce Board.
5. In the appeal to the Secretary, the appellant must establish that it was not accorded procedural rights under the appeal process set forth in the State Policy/Plan and establish that it meets the requirements for designation in WIOA Sections 106(b)(2) or 106(b)(3) and 20 CFR 679-250.
6. The appellant will also be informed that if the Secretary determines that the appellant has met the burden of establishing that it was not accorded procedural rights under the appeal process set forth in the State Plan, or that it meets the requirements for designation under WIOA, the Secretary may require that the local area be designated as a local workforce investment area. The appellant will also be informed that the Secretary may consider any comments submitted by the State Workforce Board in response to the appeal made to the Secretary.
7. The appellant will also be informed that the Secretary will issue a written decision to the Governor. The appellant will be informed that the Commissioner of the Maine Department of Labor, on behalf of the Governor, will abide by the decision of the Secretary of the U.S. Department of Labor.