Narrative: a. 1. C.

The Governor is required to approve a request for subsequent designation from a Local Area, if the Local Area performed successfully, sustained fiscal integrity, and engaged in the regional planning process. The State provided definitions of the required criteria and established an application process for Local Areas to obtain subsequent designation for applicable Program Years (PY). 

Definitions

Performed Successfully

For the purposes of subsequent designation, performed successfully is defined as a Local Area that has successfully negotiated PY performance goals within their designated Local Workforce Development Areas.

For any subsequent designation and recertification request received from a Local Area after the appropriate PY, that Local Area's WIOA Title I Adult, Dislocated Worker, and Youth performance goals must be successfully negotiated within their Local Workforce Development Areas and must meet or exceed negotiated performance for the two previous program years.

Sustained Fiscal Integrity

The Local Area must not be found in violation of one or more of the following during the appropriate PY: Issues of fiscal integrity or disallowed costs due to the willful disregard of or failure to comply with any WIOA requirement, such as failure to grant priority of service or verify participant eligibility, as identified in final determination of significant finding(s) from audits, evaluations, or other reviews conducted by state or local governmental agencies or the DOL. Gross Negligence, which is defined as a conscious and voluntary disregard for the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.

Engaged in Regional Planning

The LWDA must be engaged in regional planning, which is defined as participating in, and having contributed to, regional planning and regional plan implementation (for example, participating in regional planning meetings, leading regional plan implementation efforts, and review and approval of regional plan and modifications by Local Boards and local Chief Elected Officials), and participating in regional performance negotiations.

Application Process

Local Areas must complete and submit one of the following two applications to the Louisiana Workforce Development Board:

• Existing Local Area - Application for Subsequent Local Area Designation and Local Board Certification. 

• Modified Local Areas - Local Areas that are requesting modification as part of their subsequent designation, must complete a Modified Local Area Application for Subsequent Local Area Designation and Local Board Certification.  

Appeals Process

In accordance with Section 106 of WIOA, a unit of local government (or combination of units) which has requested and been denied an initial 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, to the Louisiana Workforce Commission, Attention: Office of Workforce Development P.O. Box 94094 Baton Rouge, La.  70804-9094. The request must include the name of the contact person (e.g., WDB Director) and the address where official notices are to be mailed. The appeal request must be legible, written/typed clearly and concisely and the following must be placed at the top of the first page in capital letters: REQUEST FOR APPEAL.  The written/typed 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 State Board will contact the appellant to schedule a hearing date. The State Board 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 State Board does not result in approval for initial designation, the appellant, if appealing an initial designation under WIOA Section 106(b)(2) or subsequent designation under Section 106(b)(3), may request a review by the 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 State Board.

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 initial or subsequent designation in WIOA Section 106(b)(2) or 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.