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2 Year Modification

Plan: Arkansas PYs 2022-2023 (Mod)
Combined Plan C

Section: Adult, Dislocated Worker, and Youth Activities

Narrative: a. 1. C.

Federal Review
Located in:

a. 1. C. Provide the appeals process referred to in section 106(b)(5) of WIOA relating to designation of local areas

Current Narrative:

For purposes of appeal, a unit of general local government (including a combination of such units) or grant recipient that requests but is not granted designation of an area as a local area may submit an appeal to the Arkansas Workforce Development Board under an appeal process established in the State plan. If the appeal does not result in such a designation, the Secretary of Labor, after receiving a request for review from the unit or grant recipient and on determining that the unit or grant recipient was not accorded procedural rights under the appeals process described in the State plan, may require that the area be designated as a local area.

State Policy 6.1, Change 2, State of Arkansas Grievance, Complaint, and Appeal Procedures WIOA Activities outlines the appeals process relating to the designation of local areas, among other program aspects.

Specifically, Section E-4 states:  A unit of local government that has requested designation as a local area but has been deniedsuch designation[Arkansas State Plan § VI.a.1.C.; WIOA § 106; 20 CFR 679.290, 683.630 & 683.640.]

  1. A unit of general local government (including a combination of such units) or grant recipient that requests, but is not granted, initial or subsequent designation of an area as a local area under WIOA § 106(b)(2), WIOA § 106(b)(5), or 20 CFR 679.250 may submit an appeal to the Arkansas Workforce Development Board (State Board) within 30 days of the decision not to grant such request.
  2. The appeal must be sent by certified mail, return receipt requested to: Arkansas Workforce Development Board

Attn: Appeal/Grievance Review

P.O. Box 2981

Little Rock, Arkansas 72202

  1. The State Board will investigate the appeal, including conducting a hearing in accordance with the rules outlined in Section IV.C.5 of this policy, and the State Board will make a decision within 60 days of the receipt of the appeal.
  2. If the appeal does not result in designation, an appeal may be made to the Secretary of Labor within 30 days of the appeal decision of the State Board. This appeal must be submitted by certified mail, return receipt requested, to Secretary of Labor at the address in Section D of this policy.
  3. A copy of the appeal must be simultaneously provided to the State Board at the address in Part b above. The appellant must establish that it was not accorded procedural rights under the appeal process set forth in this policy, or establish that it meets the requirements for designation in WIOA § 106(b)(2) or WIOA § 106(b)(3), and also in 20 CFR 679.250. If the Secretary determines that the appellant has met the burden of establishing that it was not accorded procedural rights under this appeals process, or that it meets the requirements for designation listed in this paragraph, the Secretary may require that the area be designated as a local area. In making the determination, the Secretary may consider any comments submitted by the Arkansas Workforce Development Board in response to the appeal. The Secretary will issue a written decision to the Governor and the appellant [WIOA § 106(b)(5); 20 CFR 679.290 & 683.640].