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Plan: Puerto Rico PYs 2020-2023
Unified Plan U

Section: Adult, Dislocated Worker, and Youth Activities

Narrative: a. 1. D.

Published
Located in:

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:

Compliance issue

Request:  Puerto Rico must describe the appeals process established by the State Board as required by WIOA Sec 121(h)(2()(E), relating to the determination for infrastructure funding. 

One-Stop partner may appeal the Governor’s determination regarding their portion of funds to be provided for infrastructure costs.  In addition, the State Board have a Grievance and Complaint Policy draft under consideration. This policy will apply to all entities and individuals who would like to appeal a decision at the local or the state levels. 

The appeals process relating to determinations for infrastructure funding are as follows: 

  1.   The Governor, through the assistance of the SWDB, will make the final determination of each required partner's proportionate share of statewide infrastructure costs under the State funding mechanism. 
  2.   Any required partner may appeal the Governor's determination on the basis of a claim that: 
  • The Governor's determination is inconsistent with the proportionate share requirements of 20 CFR 678.735(a), or 
  • The Governor's determination is inconsistent with the cost contribution caps described in 20 CFR 678.736 and 20 CFR 678.738. 
  1.   The process will ensure resolution of the appeal in order to ensure the funds are distributed in a timely manner, consistent with the requirements of 20 CFR 683.630.
  2.   An appeal must be made within twenty-one (21) days of the Governor's determination and must be submitted formally, in writing, by registered mail no later than the fifteen (15) day from the date of receipt of the notice of denial or revocation