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2 Year Modification

Plan: Massachusetts 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:

MDCS Policy 100.DCS 03.101.2, Unified Workforce Development System Complaint and Appeals Process, posted on May 29, 2018 delineates the process to appeal infrastructure funding. http://www.mass.gov/massworkforce/issuances/wioa-policy/03-legal-regulatory/.

From the WIOA MOU policy: A MassHire Career Center/Partner may appeal its portion of funds required for Career Center infrastructure costs after determination by the Governor under the State infrastructure funding on the basis that the State Board/Governor’s determination is inconsistent with proportionate share requirement in 20 CFR 678.735(a), the cost contribution limitation in 20 CFR 678.735(b), or cost contribution caps in 20 CFR 678.735.

The appeal must be made in writing to the MassHire State Workforce Board within ten (10) business days of the Governor’s determination. The appeal will be heard at the next MassHire State Workforce Board meeting, provided there are at least 14 days before the next meeting. If the Council’s regularly scheduled meeting is sooner than 30 days from the appeal submission, the Council chair will schedule an auxiliary meeting at least 30 days and no less than 30 days from the appeal submission. The MCC/partner program entity shall have the opportunity to submit written and verbal information to the Workforce Development Council. The Council will issue a decision within 14 days of the Council appeal hearing. Its decision will be final. Each partner may only appeal once per program year.

The request for appeal and/or formal appeal hearing must be sent to:

Executive Director

MassHire State Workforce Board

Executive Office of Labor and Workforce Development

Charles F. Hurley Building

19 Staniford Street 4th Floor

Boston, MA 02114

If the appellant chooses to request an appeal without specifically requesting an appeal hearing, the State Board, or its designee (Authorized State Official - ASO), may decide to either make a determination based solely on the information included in the case file or conduct further investigation and issue a written determination without scheduling a formal hearing.

In either case, the State Board/ASO must submit a written determination to the appellant within 30 days of receipt of the original appeal request or 30 days after having received additional information from further investigation or 30 days after a formal hearing request.

If the State Board/ASO has made a written request for information to the appellant or the appellant’s authorized representative, and they do not respond within the given time frame the appeal is considered resolved.

If the State Board/ASO deems that a formal hearing is necessary or if the appellant specifically requests such a hearing, the State Board/ASO will notify the parties (in writing) that the matter has been scheduled for a formal hearing. The notice must inform the parties of the following conditions of the hearing process:

Formal Hearing Process

The notice must inform the parties of the following conditions of the hearing process:

  • The date, time and location of the hearing.
  • Instruction that the State Board/ASO will conduct and regulate the course of the hearing to assure full consideration of all relevant issues and the actions necessary to ensure an orderly hearing are followed.
  • Instruction that the State Board/ASO must rule on the introduction of evidence* and afford the parties the opportunity to present, examine, and cross-examine witnesses.
  • For clarity it must be noted that an administrative hearing is not the same as a Court of Law. Technical rules of evidence do not apply. It is up to the State Board/ASO to follow principles and procedures that are designed to assure credible evidence that can be tested through cross-examination.

In conjunction with the hearing process the State Board/ASO:

  • May decide to make a determination based on the information included in the case file or investigate further prior to the formal hearing.
  • May decide to conduct a hearing on more than one appellant if the issues are related.
  • May permit (at his/her discretion) the participation of interested parties (amicus curae) with respect to specific legal or factual issues relevant to the complaint/appeal.
  • May choose to conduct the hearing at a single location convenient to all parties (preferred) or, if that would represent a hardship for one or more parties, the State Hearing Official may elect to conduct the hearing by a telephone conference call.
  • Must conduct the hearing and issue a written determination to the appellant, the respondent and any other participating interested parties within 30 days from the date the hearing was requested. The State Board/s/ASO’s written determination must include:
  • the results of the State level investigation;
  • conclusions reached on the appeal;
  • an explanation as to why the decision was upheld or not upheld;

A decision under this state appeal process is final and may not be appealed to the U.S. Secretary of Labor. 20 CFR 683.630(b)(3).