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 and policy referred to in section 121(h)(2)(E) of WIOA relating to determinations for infrastructure funding
Current Narrative:
General rules for an appeal are listed above in VI.a.1.C. Specific policies and procedures relating to appeals and the determinations for infrastructure funding are also located in ADWS Policy No. WIOA I – 6.1 (Arkansas Grievance, Complaint, and Appeal Procedures for WIOA Title I Activities).
An Arkansas Workforce Center partner that believes the determination of the partner’s portion of funds to be provided for one-stop infrastructure costs is unfair.
A required Arkansas Workforce Center partner may appeal a determination regarding the portion of funds to be provided to operate the Arkansas Workforce Center system on the basis that such determination is inconsistent with the requirements in WIOA § 121(h); the proportionate share requirements in 20 CFR 361.735(a), 463.735(a), or 678.735(a); the cost contributions limitations in 20 CFR 361.735(b), 463.735(b), or 678.735(a); or the cost contribution caps in 20 CFR 361.738, 463.738, or 678.738; or the issuances of the Arkansas Division of Workforce Services (ADWS).
The appeal must be made no later than 21 calendar days after the determination regarding the infrastructure funding, and it must be sent simultaneously to both ADWS.WIOAAppeals@arkansas.gov and ADWS.Tribunal.WIOA@arkansas.gov.
The designated hearing officer will investigate the appeal, including conducting a hearing in accordance with the rules outlined in Section IV.B.5. of this policy and make a decision within 60 days of the receipt of the appeal. The decision will include instructions to the appropriate party for redistribution of funds, depending on the facts. This decision will be consistent with the requirements of 20 CFR 683.630 and the issuances of ADWS. If appropriate, a state funding mechanism may be developed.
If the appeal to the state results in a change to the infrastructure costs, the Infrastructure Funding Agreement (IFA) portion of the One-Stop Memorandum of Understanding (MOU) must be updated to reflect the final partner infrastructure cost contributions.