Narrative: a. 1. C.

The following policy was approved by the Missouri State Workforce Development Board - January 25, 2018.

Appeals Process for Designation of Local Workforce Development Area

Introduction

Under the provisions of the Workforce Innovation and Opportunity Act (WIOA) (Public Law 113-128) the geographic areas composed of Missouri Counties to be used to compose the Local Workforce Development Board service areas (or regions) are provided with conditions for which the Governor may designate (or define) them. Thereafter, if there is a subsequent designation, and should public officials of the units of general local government (including a combination of such units) disagree with any subsequent designation, they may appeal to the State Workforce Board for an alternative designation.

Chapter 2—Local Provisions, at Section 106(b)(5) of WIOA require that there be an Appeals Process, but because the Chapter is silent on what that process entails, it is the obligation of the State of Missouri to prepare said Appeals Process, referred to herein as a Local Area Designation Appeals Process.

Citation and Context

WIOA Section 106(b)(5) states that: A unit of general local government (including a combination of such units) or grant recipient that requests but is not granted designation of an area as a local area may submit an appeal to the State Board under an appeals process established in the State plan.

Each Local Workforce Development Board in the State of Missouri formally requested of the Governor that the regions established under the prior Workforce Investment Act be re-designated, or as is the case with the new law, originally or initially designated, as the same regions to be used under the WIOA. Those requests were granted. In that regard, a Missouri appeals process is relevant only to subsequent area designation.

Subsequent Designation

WIOA Section 106(b)(3) regarding subsequent designation, states: After the initial period for which a local area is initially designated…….the Governor shall approve a request for subsequent designation as a local area from such local area, if such area—

1.   Performed successfully;

2.   Sustained fiscal integrity; and

3.   In the case of a local area in a planning region met the requirements for regional planning.

Appeals Process

If, in the future, only under the conditions of subsequent workforce area designation, there should be a formally organized request by a unit of general local government (or any combination of such units) to become an alternatively designated area, the following procedures shall apply:

1.   A formal request in appeal is prepared, posted for appropriate public comment, and signed by the Chief Elected Officials representing the appealing parties;

2.   The appeal is placed in writing and submitted to the Governor;

3.   Within 60 days, the Governor will vet the appeal and advise the State Workforce Board;

4.   The State Workforce Board will convene within the same 60 day time period to hold a meeting to either approve the appeal or to advise the Governor on any need for new information;

5.   If the State Board and/or the Governor agree additional information is necessary, the appeals process will begin again under a second 60 day period, or until a final decision is determined by the Governor.

Details of the Appeal Documentation

•      The appeal shall be officially and formally developed and stated in writing in a letter addressed to the Governor of the State of Missouri.

•      To be considered an official request, the letter shall fully contain and evidence each of the following elements:

1.   Introduction stated as a request;

2.   Use full citations from the Workforce Innovation and Opportunity Act;

3.   State that given the original designation and what units of government are involved, which units of government are to be enclosed within the newly proposed local area upon appeal;

4.   Include a brief explanation of the influence and consideration to the request from an analysis of the labor market data and its impact upon re-designation, if any;

5.   Include an attachment(s) that is evidence that a public notice of the proposed re-designation in its entirety was developed and properly posted before the letter was written;

6.   Any public comments that are in opposition to the re-designation must be attached to the letter;

7.   Such a letter must be signed by the Presiding Commissioner of each County involved in the appeal and must verify that a consensus among all other County Commissioners is thereby represented.

•      Any appeal will be reviewed by the State Workforce Board Planning Committee prior to its referral with recommendations to the full State Board.

•      The appeal is made final after the State Workforce Board considers its findings and subsequent to announcement through its own public notice process that a meeting will be held to consider the re-designation request.

The Secretary of Labor may Make Final Resolution

The closing conditions of WIOA Section 106(b)(5) clarify that: if the appeal process does not result in such a designation requested, the Secretary of Labor, after reviewing a request for review from the unit or grant recipient and on determining that the unit or grant recipient was not accorded procedural rights under the appeals process described in the State Plan, or that the area meets the requirements of all other designation processes, may require that the area be designated as a local area per the appeal description.