Narrative: a. 1. B.

In 1999, eight regional labor market areas were developed within the state. Within these regions and consistent with the criteria set forth in section 116(a) of the Workforce Investment Act (WIA) of 1998, the Governor, in collaboration with the Workforce Investment Council (WIC) grandfathered eighteen (18) local service delivery areas that were developed under the Job Training Partnership Act (JTPA) of 1982 as Local Workforce Investment Areas (LWIA). This allowed the state’s fragmented workforce development system to be aligned as an integrated service delivery network improving the quality and effectiveness of workforce services within the state. Louisiana maintained these LWIAs for many years. After review and analysis of workforce data, and in conjunction with the WIC, chief elected officials (CEO) and local workforce boards, Louisiana realigned its LWIAs from eighteen (18) to fifteen (15) supporting the state’s vision of a streamlined integrated workforce system. Under WIOA, Louisiana continues with fifteen (15) local workforce development areas consistent with the eight regional labor market areas ensuring regional coordination and collaboration.

OWD 4-10 Workforce Innovation and Opportunity Act (WIOA) Initial Designation  was developed to address the procedures regarding the initial designation of Local Workforce Development Areas. The State has 15 Local Workforce Development Boards. WIOA Section 106(b) requires that the Governor designate local workforce development areas within the State through consultation with the state workforce board, local chief elected officials and local boards and after a consideration of comments received through a public comment process. 

WIOA further states that the consideration should include the following:

(i) The extent to which the areas are consistent with the labor market areas in the State:

(ii) The extent to which the areas are consistent with regional economic development areas in the State; and 

(iii) The extent to which the areas have available the Federal and non-Federal resources necessary to effectively administer activities under subtitle B and other applicable provisions of this Act, including whether the areas have the appropriate education and training providers, such as institutions or higher education and area career and technical education schools. 

Since the initial designation, there have been limited changes to the local areas.  The process followed during initial designation was:

 As stated in WIOA Section 106, the Governor shall approve a request made for initial designation by any local area if, during PY 12 and PY 13, the local area:

·      Was designated as a local area under WIA.

·      Performed successfully.

·      Sustained fiscal integrity.

 Performed Successfully: A local area has achieved at least 80 percent of their negotiated local performance goal on each performance measure for PYs 2012-13 and 2013-14 (WIOA Section 106(e)(1) OWD 2-8 Sanction Policy).

 Sustained Fiscal Integrity: The local area has not been found in violation of one or more of the following during PY 12 and PY 13:

• Final determination finding(s) from audits, evaluations or other reviews conducted by state or local governmental agencies or the United States Department of Labor which identify issues of fiscal integrity or misexpended funds due to the willful disregard or failure to comply with any WIA requirements. This includes failure to grant priority of service or verification of participant eligibility; or
• Gross negligence, defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property or both; or
• Failure to observe accepted standards of administration.  Local areas must adhere to the uniform administrative requirements set forth in Title 2 CFR Part 200 and Title 29 CFR Parts 95 and 97.  Local areas must have fully met their federally-mandated responsibilities for the two previous program years, including timely reporting of WIA participant and expenditure data, timely completion and submission of the required annual single audit and not having been placed on cash hold for longer than 30 days. (WIOA Section 106(e)(2)) (i.e. failure to submit timely expenditure reports to LWC).

Initial designations are effective July 1, 2015 through June 30, 2022.  Local Workforce Development Areas (LWDAs) applied  for initial designation using the process included in this policy. 

During the initial designation period, local areas planned and prepared to meet the WIOA requirements for subsequent designation (i.e., perform successfully, sustain fiscal integrity, and in the case of a local area in a planning region, meet the regional planning requirements in WIOA Section 106(c)(1)). 

Initial Local Area Designation Application Process

In order to request initial designation, the local Chief Elected Official (CEO) had to follow one the applicable processes noted below:

 Existing Local Areas

Complete the Existing Local Area Application for Initial Local Area Designation Program Year 2015-16. 

Modified Local Areas

Complete the Modified Local Area Application for Initial Local Area Designation Year 2015-16. A local area that considered local-area modification as part of its initial designation application may include: two or more areas proposing to merge into a new combined single local area or a local area that will be expanded to include part or parts of another current local area.

 If the LWDA consists of more than one parish, an updated WIOA Consortium Agreement between all CEOs in the parishes must be submitted along with the application.

 The local CEO(s) was required to submit a completed application to the LWC/OWD no later than 5:00 p.m., June 23, 2015 to:

Mail/Hand Deliver:  Louisiana Workforce Commission

                                        Office of Workforce Development

                                        1001 N. 23rd St.

                                        Baton Rouge, LA  70804                                  

Assessment of the Application for Initial Designation

 Once a completed application was received, the staff from the LWC/OWD would verify the information provided in the application and issue a determination as to whether to recommend approval or denial of the application to the Governor.

 The local CEO was notified in writing by June 30, 2015 regarding the approval or denial of its initial designation application.  If approved, the initial designation was effective July 1, 2015 through June 30, 2017.  If denied, the local CEO could contest the decision using the appeal process below.

Subsequent Designation

After the period for which a local area is initially designated, if the chief elected official and Local WDB in a local area submits a request for subsequent designation, the Governor shall approve a request if the following criteria are met:

1. performed successfully;
2. sustained fiscal integrity; and
3. in the case of a local area in a planning region, met the requirements of Regional Planning (subsection (c)(1))

Local Workforce Development Areas (LWDAs) must apply for subsequent designation using the process included in this policy. LWDAs that would like to modify their current geographical boundaries are eligible to apply under their new structure.

Subsequent Designation is fully outlined in OWD 4-13 Workforce Innovation and Opportunities Act (WIOA) Subsequent Designation Policy. Additionally, subsequent designation is done every two years as outlined in policy. 

Assessment of the Application

Once a completed application is received, the staff from the LWC/OWD will verify the information provided in the application and issue a determination as to whether to recommend approval or denial of the application to the Governor.

The local CEO will be notified in writing regarding the approval or denial of the subsequent designation application. If approved, the subsequent designation will be effective for a period of two years. If denied, the local CEO may contest the decision using the appeal process below.

Appeal Process for Subsequent Designation

In accordance with Section 106 of WIOA, a unit of local government (or combination of units) which has requested and been denied subsequent designation as a local area under WIOA may appeal the denial to the State Board within 15 calendar days of the date of the decision.

The request for appeal must be sent by certified mail, return receipt requested, to the Louisiana Workforce Commission, Attention: Assistant Secretary Office of Workforce Development, P. O. Box 94094, Baton Rouge, La 70804-9094. The appeal request must be legible, written/typed clearly and concisely, and the request for appeal must be placed at the top of the first page in capital letters, REQUEST FOR APPEAL. The appeal must specifically state why the designation as a LWDA should be approved. The request shall be no longer than five pages. (Exhibits and attachments are not included in the five-page limit.) Within five calendar days of the receipt of the appeal, the Workforce Investment Council will contact the appellant to schedule a hearing date. The Workforce Investment Council will conduct the appeal hearing and provide a written decision to the appellant no later than ten calendar days after the hearing.

Appeal of State Board Decision

If the appeal to the Workforce Investment Council does not result in approval for subsequent designation, the appellant, if appealing subsequent designation under WIOA Section 106 (b) (3), may request review by the U. S. Secretary of Labor. An appeal to the Secretary must be submitted by the appellant or grant recipient no later than 30 calendar days after receipt of written notification from the State Board that the appeal has been denied. Appeals must be submitted by certified mail, return receipt requested, to the Secretary, U.S. Department of Labor, Washington, DC 20210, Attention: Assistant Secretary, Employment and Training Administration. A copy of the appeal must be simultaneously provided to the Workforce Investment Council .

If the Secretary determines that the appellant was not accorded procedural rights under the appeal process established under the above section, or that the area meets the requirements for subsequent designation in WIOA Section 106 (b)(3), the Secretary may require that the area be designated as a workforce development area. The Secretary must issue a written decision to the Governor.

STEPS IN THE LOUISIANA WORKFORCE DEVELOPMENT AREA SUBSEQUENT DESIGNATION PROCESS

The process outlined below is to be followed by a unit or units of local government seeking subsequent designation of local workforce development areas under the WIOA. 

Step 1: The local government unit(s) seeking subsequent designation of a local workforce development area(s) should coordinate and consult with the CEOs of the local areas and existing local workforce development boards.

Step 2:  If a decision is made by the local government unit(s), in coordination with the CEOs, to seek designation under the WIOA, the local government units must undertake a formal public comment period and provide documentation of the results of the formal public comment period with the designation request to partners, including existing local workforce development boards. The formal comment period must allow for comments by businesses, labor organizations, institutions of higher education, community- based organizations, and the public-at-large.

Step 3: The request for subsequent designation of a local workforce development area under the WIOA shall include the following information:

1. How the proposed local workforce development area is aligned with labor market areas including information on growth industries and occupations in the local labor market.

2. How the proposed local workforce development area is aligned with a regional economic development area within the state of Louisiana.

3. How the proposed local workforce development area can effectively administer activities under provisions of the WIOA with available federal and non-federal resources, including a description of area education and training providers, a description of how the available resources will be made available for training activities, and a description of the percentage of overall resources administered by the local area that will be dedicated to training activities.

4. Whether the proposed local workforce development area is seeking Initial or Subsequent Designation as defined by WIOA and a statement of assurance that the proposed local workforce development area meets the requirements for Initial or Subsequent Designation under the WIOA.

5. For Subsequent Designation requests, a discussion of how the local workforce development area met the three criteria outlined in WIOA section 106(b)(3).

Step 4: After submission of the subsequent designation request, the Louisiana Workforce Investment Council will review the request and provide a consultative opinion and recommendation for the Governor. As required by the WIOA, the Governor will use the consultation of the Louisiana Workforce Investment Council and consult with chief elected officials prior to designating local workforce development areas in Louisiana. The Governor may rely on the submissions from the requestor(s) as meeting the requirement for consultation with chief elected officials, including the public records of meetings and any recorded votes or resolutions regarding the designation request.

Opportunity to Appeal: Pursuant to section 106 (b)(50 of WIOA and 20 CFR 683.630, if the State denies subsequent designation of a local area, the chief elected official(s) may appeal the decision through the following appeals process:

1. Within 15 days from the date of receipt of the notice of denial, the chief elected official9s0 may file an appeal to the Workforce Investment Council by submitting in writing all of the information:

a. a statement that the chief elected official(s) is appealing the denial of subsequent designation;

b. the reason(s) why the local area should be designated; and 

c. signature(s) of the chief elected official(s)

2. The written appeal shall be submitted by  mail/head delivered to: Assistant Secretary, Office of Workforce Development, Louisiana Workforce Commission, 1001 N. 23rd Street, Baton Rouge, LA 70802.

3. Pursuant to 20 CFR 679.290 (b) and 20 CFR 683.630(a), the Workforce Investment Council will provide the parties with the opportunity for a hearing, review the appeal, and make a ruling on the appeal. These procedures must provide an opportunity for a hearing and prescribe appropriate time limits to ensure prompt resolution of the appeal. 

4. The Workforce Investment Council shall notify the CEO(s) in writing, of its decision on whether or not to approve subsequent designation of an area as a local area under section 106(b)(3) of WIOA and 20 CFR 679.250.

5. In the event the Workforce Investment Council denies the appeal or fails to issue a decision within 60 days of the dates the appeal is submitted , the CEO may further appeal the Workforce Investment Council's decision or lack thereof to U.S. Department of Labor (U.S.DOL). Pursuant to 20 CFR 683.640, appeals made to USDOL, must be filled no later than 30 days after receipt of written notification of the denial from the Workforce Investment Council.

6. The appeal must be submitted by certified mail, with return receipt requested, to the following address.

Secretary, U.S. Department of Labor

200 Constitution Ave. N.W.

Washington, D.C. 20210 

Technical Assistance: Ongoing support, guidance, training and technical assistance on workforce development, subsequent designation, or redesignation requirements, including stakeholder consultation, are available to all local workforce development areas.