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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. D.

Published
Located in:

a. 1. D. Provide the appeals process referred to in section 121(h)(2)(E) of WIOA relating to determinations for infrastructure funding

View corresponding narrative from PYs 2020-2023

Current Narrative:

In accordance with State Policy 6.1, Change 2, State of Arkansas Grievance, Complaint, and Appeal Procedures WIOA Activities, the appeals process related to determinations for infrastructure funding is articulated.

Specifically:

  1. An Arkansas Workforce Center partner that believes the determination of the partner’s portionof funds to be provided for one-stop infrastructure costs is unfair[WIOA § 121(h)(2)(E); 20 CFR 361.750, 463.735, 463.738, 463.750, & 678.750]:
    1. A required One-Stop partner may appeal a determination regarding the portion of funds to be provided to operate the One-Stop system on the basis that such determination is inconsistent with the requirements in WIOA § 121(h); the proportionate share requirements in 20 CFR 361.735(a), 463.735(a), or 678.735(a); the cost contributions limitations in 20 CFR 361.735(b), 463.735(b), or 678.735(a); or the cost contribution caps in 20 CFR 361.738, 463.738, or 678.738; or the issuances of the Arkansas Division of Workforce Services (ADWS).
    2. The appeal must be made no later than 21 days after the determination regarding the infrastructure funding, and must be sent by certified mail, return receipt requested to the Director of ADWS at the address in Section IV.D. of this policy.
    3. The Arkansas Division of Workforce Services will investigate the appeal, including conducting a hearing in accordance with the rules outlined in Section IV.C.5. of this policy and make a decision within 60 days of the receipt of the appeal. The decision will include instructions to the appropriate party for redistribution of funds, depending on the facts. This decision will be consistent with the requirements of 20 CFR 683.630 and the issuances of ADWS.

 

If the appeal to the state results in a change to the infrastructure costs, the Infrastructure Funding Agreement (IFA) portion of the One-Stop Memorandum of Understanding (MOU) must be updated to reflect the final partner infrastructure cost contributions [20 CFR 361.500, 463.500, & 678.500].