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. C. Provide the appeals process and policy referred to in section 106(b)(5) of WIOA relating to designation of local areas
Current Narrative:
Appeal to the SWDB
A unit of local government (or combination of units) or a local area that has requested but has been denied its request for designation as an LWDA under 20 CFR § 679.250 may appeal the decision to the SWDB, in accordance with the State Plan, WIOA § 106(b)(5), and 20 CFR § 683.630(a). The appealing entity must explain why it believes the denial is contrary to the provisions of WIOA § 106(b)(2) or WIOA § 106(b)(3) and 20 CFR § 679.250. No other cause for appeal will be considered under this section.
Such a unit or local area may submit a written appeal to the SC Department of Employment and Workforce within thirty calendar days of the denial. If the thirtieth day falls on a weekend or holiday, the deadline will be extended to the next business day. Appeals must be submitted by registered mail, clearly identified as “Dated Material,” and addressed to:
State Workforce Development Board
C/O: SC Department of Employment and Workforce
Attn: Workforce Support—Appeal of Denial of LWDA Designation, Suite 515
P.O. Box 995
Columbia, SC 29202
The following procedures will apply:
- The Chair will designate the Executive Committee or an Ad Hoc Committee of at least three SWDB members to hear the appeal.
- The designated SWDB representatives will hear the appeal and issue a written decision within sixty business days.
Appeal to the Secretary of Labor
A unit of general local government (including a combination of such units) or grant recipient whose appeal of the denial of a request for designation as an LWDA to the SWDB has not resulted in such designation, may appeal the SWDB’s denial to the Secretary of Labor. Appeals must be filed no later than thirty days after receipt of written notification of the denial from the SWDB, and must be submitted by certified mail, return receipt requested, to the Secretary:
U.S. Department of Labor
Attn: ASET
200 Constitution Ave. NW
Washington, DC 20210
The appellant must establish that the petitioning LWDA was not afforded procedural rights under the state appeal process described in the State Plan or establish that the entity meets the requirements of WIOA § 106(b)(2) or WIOA § 106(b)(3) and 20 CFR § 679.250. If the Secretary determines that the appellant has met its burden of establishing one of these allegations, the Secretary may require that the area be designated as an LWDA. In making this determination, the Secretary may consider any comments submitted by the SWDB in response to the appeal.
The Secretary will issue a written decision to the Governor and the appellant.