Narrative: a. 1. D.

The State of Missouri has created a cost sharing committee, which include all of the partners’ financial staff. This committee is in the process of developing guidance to State and local partners for negotiating cost sharing agreements to comply with the WIOA requirements. The State of Missouri will also include in their guidelines an appeals process for infrastructure costs as outlined in 121(h)(2)(E) of WIOA.

The State of Missouri appeals process for the state funding mechanism will follow the final rules as published by the Departments at sections 678.730, 678.731, and 678.735-738, modified by the pending guidance for the final rules as promised by the Departments in the preamble for Part 678, Subpart E.

Appeals Process (following imposition of a State funding mechanism)

If DWD has to impose a State infrastructure cost-allocation mechanism, and upon receipt of the specific terms in it, any Local WDB or One-Stop required Partner may appeal, individually and for cause, the specific allocation imposed upon it within 21 calendar days. The appeal must be in writing (electronic or hardcopy) and make specific reference to that portion of cash, non-cash, or third party in-kind contributions which the mechanism requires that Local WDB or Partner to provide. To be officially received, an appeal must fully contain and evidence the following:

• Addressed to the attention of the Director of the Division of Workforce Development.
• An introduction identifying the appellant (identify the name of the LWDA and the name of the Local WDB, and the name of the appellant if it is a required Partner). The letter must clearly declare that it is a formal appeal.
• Full citations from WIOA or the WIOA Final Rules in Title 29 (or Title 34) of the Code of Federal Regulations that supports the appeal.
• Identify the basis for the appeal. WIOA stipulates that a determination to apply a State funding mechanism 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 was not consistent with:
  • the proportionate-share requirements in 20 CFR 678.737,15 or
  • the cost-contribution limitations in 20 CFR 678.730(c),16 or
  • the cost-contribution caps in 20 CFR 678.738.
• The letter must be signed (electronic signature is acceptable) and dated.

The State will acknowledge the appeal and return a determination from DWD under the designated authority of the Governor as quickly as feasible. Until the appeals process is completed, the appellant will remain liable for its contribution as originally determined in the State funding mechanism. If the appeal to the State using the process described in 20 CFR 678.750 is successful, it will result in a change to the appellant’s infrastructure-cost contributions. Consequently, the Local WDB must update the MOU, annotate it accordingly to reflect the final version of One-Stop Partner infrastructure-cost contributions, and distribute the updated version to all signatories.