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:
The State Funding Mechanism-Appeals Process is part of an overall infrastructure cost sharing policy that is now in the process of review by the State Board and expected to be approved at the June, 2020 meeting. See draft policy PY19-04 Infrastructure Funding Agreement – MOU Phase II, which has been vetted by the WIOA Implementation Policy Committee (WIPC) a subcommittee of the State Board that reviews and prepares WIOA policy for State Board Approval as required under WIOA.
When the local area has informed the State that they are at an impasse regarding infrastructure cost sharing negotiations, the State Funding Mechanism (SFM) will be applied.
Under the SFM, MDOL, in consultation with the chief elected officials, the local workforce board, and the State Workforce Board, will determine each required partner’s proportionate share of infrastructure costs for that local area, using guidelines pertaining to the State Funding Mechanism, which will be put forth for the Governor’s review and approval as a final determination.
A required partner may appeal the final determination because of a claim that:
- The Governor’s determination is inconsistent with the proportionate share requirements of 20 CFR 678.735
- The Governor’s determination is inconsistent with the cost contribution caps described in 20 CFR 678.738
- An appeal must be made in writing within 21 days of the Governor’s determination and must include specific evidence that the amount determined by the Governor is inconsistent with a. and/or b. above.
- Written appeals must be submitted to:
Appeals
State Workforce Board
120 State House Station
Augusta, ME 04333-0120
- The appeal will be reviewed by the executive committee of the State Workforce Board, and within 30 days of receipt the appellant will receive a letter either denying or accepting the appeal.
- If the appeal is found to be without merit, it will be denied, and no further action taken.
- If the appeal is merited, the executive committee will make a revised determination. The executive committee may consult with the chief elected official and local board to attempt to negotiate a mutually agreed upon revised determination. The revised determination will be presented to the State Workforce Board for review and approval.
- Upon full approval of the State Workforce Board, the revised determination will be considered final throughout the cost sharing agreement period of duration, until such time as local area cost sharing is renegotiated.
Questions pertaining to this appeals process may be addressed to:
207-621-5087
TTY users call Maine Relay 711