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. C. Provide the appeals process referred to in section 106(b)(5) of WIOA relating to designation of local areas
Current Narrative:
The appeals process is outlined OWD issuance 01-2018: Subsequent Designation of Local Workforce Development Area.
Local Area Designation Appeals Process
- Procedures for appealing a denial of a subsequent designation of an LWDA are as follows, as outlined in the current State Plan:
Step I: A formal appeal request is prepared, posted for appropriate public comment, and signed by the CEO(s) representing the appealing parties;
Step II: The appeal is placed in writing and submitted to the Governor;
Step III: Within 60 days of receipt of the appeal, the Governor will vet the appeal and advise MOWDB;
Step IV: MOWDB will convene within the same 60-day period to either approve the appeal or to advise the Governor on any need for new information;
Step V: If MOWDB and the Governor agree additional information is necessary, the appeals process will begin again under a second 60-day period, or until a final decision is determined by the Governor.
- Details of the Appeal Documentation:
- The appeal shall be officially and formally developed and stated in writing in a letter addressed to the Governor of the State of Missouri.
- To be considered an official request, the letter shall fully contain and evidence the following elements:
- Introduction stated as a request;
- Use full citations from the Workforce Innovation and Opportunity Act;
- State the original designation, what units of government are involved, and which units of government are to be enclosed within the proposed local area upon appeal;
- Include a brief explanation of the influence and consideration to the request from an analysis of the labor market data and its impact upon redesignation, if any;
- Include an attachment(s) that is evidence that a public notice of the proposed redesignation in its entirety was developed and properly posted before the letter was written;
- Any public comments that are in opposition to the redesignation must be attached to the letter;
- Such a letter must be signed by the Presiding Commissioner of each County involved in the appeal and must verify that a consensus among all other County Commissioners is thereby represented.
- Any appeal will be reviewed by the MOWDB Planning Committee prior to its referral with recommendations to the full MOWDB Board.
- The appeal is made final after MOWDB considers its findings and subsequent to announcement through its own public-notice process that a meeting will be held to consider the redesignation request.
- The MOWDB has set a 90 day timeline in responding to any decision on an appeal.
The Secretary of Labor may Make Final Resolution
An appeal of a State’s denial of a subsequent designation may be made to the federal level.[1]WIOA sec. 106(b)(6) clarifies that the Secretary of Labor, after reviewing a request for review from the unit(s) of local government or local grant recipient(s), and on determining that procedural rights were not accorded under the appeals process described in the State Plan—or that the area meets the requirements of all other designation processes—may require that the area be designated as a local area per the appeal description.