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. D. Provide the appeals process referred to in section 121(h)(2)(E) of WIOA relating to determinations for infrastructure funding
Current Narrative:
Upon receipt of the specific terms of an SFM, any Local WDB or one-stop required partner may appeal for cause, within 21 calendar days, in writing (electronic or hardcopy), WFWV’s (with the Governor’s approval) determination regarding the portion of funds (or non-cash contributions) it is to provide. To be officially received, an appeal must fully contain and evidence the following:
- Addressed to the attention of the Deputy Executive Director of Federal Programs or his/her designee.
- An introduction identifying the appellant and designating the letter as a formal appeal.
- Full citations from WIOA or the WIOA Final Rules in Title 29 or Title 34 of the Code of Federal Regulations (CFR)that support the appeal.
- Identify the basis for the appeal. WIOA stipulates that a State Funding Mechanism (SFM) allocation determination may be appealed only if the determination is inconsistent with the requirements of WIOA sec. 121(h)(2)(E). The Final Rule at 20 CFR 678.750 further limits admissible grounds for an appeal to three possibilities. The petitioner must make a case that the State’s determination is inconsistent with:
- the proportionate-share requirements in 20 CFR 678.737, or
- the cost-contribution limitations in 20 CFR 678.730(c), or
- the cost-contribution caps in 20 CFR 678.738
- The letter must be signed (electronic signature is acceptable) and dated.
WFWV will have 10 days to acknowledge the appeal. WFWV then has 30 business days to convene and hear testimony from all parties involved. After hearing testimony, WFWV, under the designated authority and approval of the Governor, has an additional 30 business days to issue a formal resolution for the issue. Until the appeals process is completed, the appellant will remain liable for its contribution as originally determined in the SFM. If a one-stop partner’s appeal to WFWV using the process described in 20 CFR 678.750 is successful and results in a change to the one-stop partner’s infrastructure-cost contributions, then the Local Area’s MOU must be updated to reflect the final one-stop partner infrastructure cost contributions.
WIOA Policy No. 06-17 - Memorandum of Understanding/Infrastructure Guidance, Change 1 can be found at: https://workforcewv.org/public-information/guidance-notices-and-policies or directly at: https://workforcewv.org/images/files/PublicInfo/public-notices/Policy_No_6-17_MOU_and_Infrastructure_Guidance_Change_1.pdf. Appeals Process can be found on page 8.