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:
Infrastructure costs (facility and/or shared costs) are determined by either using a Local Funding Mechanism (LFM) or a State Funding Mechanism (SFM). To-date there have been no appeals from any core and required partners.
In the event that the LFM has not been completed, signed, and submitted to the State, the State will be statutorily compelled to impose a SFM as prescribed by WIOA sec. 121(h) and the Final Rules in 20 CFR Part 678. The specific allocations in this mechanism will be transmitted to the LWDB, the CEO, and the One-Stop Required Partners.
Should any appeals arise as a result of the imposition of the SFM, ADWS will follow the SFM-specific appeals process described below:
- Upon receipt of the specific terms of a State infrastructure cost-allocation mechanism, any local WDB or One-Stop required partner may appeal for cause, within 21 calendar days, in writing (electronic or hardcopy) the State’s determination regarding the portion of funds (or non-cash contributions) the Local WDB or required partner is to provide.
- To be officially submitted, an official appeal letter must be sent to the Arkansas Division of Workforce Services Director and must fully contain evidence of the following:
- 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 that support the appeal.
- Identify the basis for the appeal.
The appeal must be in writing (electronic or hardcopy) and addressed to the attention of:
Arkansas Division of Workforce Services
Agency Director
P. O . Box 2981
Little Rock, Arkansas 72201
The Arkansas Division of Workforce Services Director will acknowledge receipt of the appeal and submit the appeal to the Arkansas Appeals Tribunal, P.O. Box 8013, Little Rock, AR 72203. The Arkansas Appeals Tribunal will provide the appellant an opportunity present their case. A determination will be made as quickly as feasible. 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 the imposition of the SFM is successful and results in a change to the One-Stop partner’s infrastructure-cost contributions, then the Local Workforce Area MOU must be updated to reflect the final One-Stop partner infrastructure-cost contributions.