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:
Any disputes and resulting appeals of one-stop infrastructure funding determinations will be addressed first through processes/procedures outlined in local dispute resolution and appeals policies developed by Local Workforce Development Boards per state WIOA Title I Policy 5410 (Dispute Resolution and Appeals), which may be accessed at http://media.wpc.wa.gov/media/WPC/adm/policy/5410.pdf. For one-stop infrastructure disputes, local dispute resolution is the sole avenue of appeal. If the dispute cannot be resolved locally, the Governor’s state criteria and methodology for one-stop infrastructure funding will be imposed as a default as per WIOA Title I Policy 5618 (One-Stop Memorandum of Understanding and Infrastructure Cost Sharing), which is currently undergoing revision.
WorkSource System Policy 1013 sets fourth the minimum requirements for one-stop memoranda of understanding and infrastructure agreements, and lays out the dispute resolution methodology in that process, found at http://media.wpc.wa.gov/media/WPC/adm/policy/1013.pdf.
Disputes should, wherever possible, be resolved at the local level. The WDC must have a dispute resolution procedure in place that covers steps to be taken to resolve disputes, including those regarding specific provisions of language within the MOU or amendments to the MOU. All local actions to resolve the disputes must be documented.As partners participate in the local WorkSource system or discuss the MOU and any amendments to it, disagreements may occur. In such cases, the local WDC dispute resolution procedure should be followed and all local actions documented.
If the dispute remains unresolved, CFR 662.310(b) provides for alternatives for states to provide assistance. If the Local Board and required partner continue to disagree, they may request that the WorkSource Standards and Integration Division (WSID) review the dispute. WSID will release a written recommendation to all parties after its review. Policy 1024-2 (Infrastructure Funding Agreement and State Funding Mechanism) will soon be accompanied by a new policy 10XX under development regarding further emphasis on dispute resolution.