Narrative: a. 1. C.

Appeal Process: The appeal process for denial of local area status is outlined in Policy PY15–01 which states that if a request is not granted, any existing local area or local government entity requesting initial designation may, within thirty (30) days of denial, submit a written request for appeal to the State Board. The appeal must include a copy of the original request, a copy of the denial letter, and document sufficient evidence to establish that it meets the requirements for local area designation under WIOA and State Policy. Appeals must be submitted via certified mail to the director of the State Board. Once the director receives the appeal the formal appeals process is initiated which is comprised of the fol–lowing steps: 1. A hearing will be scheduled with an impartial hearings unit within 45 days of receipt of the appeal, during which the additional evidence in support of local area designation will be reviewed and con–sidered. 2. A formal response to the appellant will be provided by the hearings unit via certified mail, within 45 days of the hearing. The formal response will cite the criteria considered in either approving or denying the appeal for local area designation. 3. If the appeal does not result in local area designation, the local board may appeal to the Secretary of the U.S. Department of Labor as follows: 4. Appeals to the Secretary must be filed, via certified mail – return receipt, no later than 30 days after receipt of notification of denial by the State Board and must be submitted to: Secretary, U.S. De–partment of Labor, 200 Constitution Ave. NW, Washington, DC 20210, Attention: ASET. A copy of this request must be submitted simultaneously to the State Board. 5. In the appeal to the Secretary, the appellant must establish that it was not accorded procedural rights under the appeal process set forth in the State Policy/Plan, and establish that it meets the re–quirements for designation in WIOA Sections 106(b)(2) or 106(b)(3) and 20 CFR 679–250. 6. The appellant will also be informed that if the Secretary determines that the appellant has met the burden of establishing that it was not accorded procedural rights under the appeal process set forth in the State Plan, or that it meets the requirements for designation under WIOA, the Secretary may require that the local area be designated as a local workforce investment area. The appellant will al–so be informed that the Secretary may consider any comments submitted by the State Board in re–sponse to the appeal made to the Secretary. 7. The appellant will also be informed that the Secretary will issue a written decision to the Governor. The appellant will be informed that the Commissioner of the Maine Department of Labor, on behalf of the Governor, will abide by the decision of the Secretary of the U.S. Department of Labor.