cfr_sections
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53 rows where part_number = 652 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 20:20:3.0.2.1.24.1.1.1 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | A | Subpart A—Employment Service Operations | § 652.1 Introduction. | DOL | These regulations implement the provisions of the Wagner-Peyser Act, known hereafter as the Wagner-Peyser Act, as amended by title III of the Workforce Innovation and Opportunity Act (WIOA), Public Law 113-128. The Wagner-Peyser Act Employment Service (ES) is a core program under the WIOA, and an integral component of the one-stop delivery system. Congress intended that the States exercise broad authority in implementing provisions of the Wagner-Peyser Act. | |||||
| 20:20:3.0.2.1.24.1.1.2 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | A | Subpart A—Employment Service Operations | § 652.2 Scope and purpose of the Wagner-Peyser Act Employment Service. | DOL | The basic purpose of the ES is to improve the functioning of the nation's labor markets by bringing together individuals who are seeking employment and employers who are seeking workers. | |||||
| 20:20:3.0.2.1.24.1.1.3 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | A | Subpart A—Employment Service Operations | § 652.3 Public labor exchange services system. | DOL | At a minimum, each State must administer a labor exchange system which has the capacity, to: (a) Assist job seekers in finding employment, including promoting their familiarity with the Department's electronic tools; (b) Assist employers in filling jobs; (c) Facilitate the match between job seekers and employers; (d) Participate in a system for clearing labor among the States, including the use of standardized classification systems issued by the Secretary, under sec. 15 of the Wagner-Peyser Act; (e) Meet the work test requirements of the State unemployment compensation system; and (f) Provide labor exchange services as identified in § 678.430(a) of this chapter, sec. 7(a) of the Wagner-Peyser Act, and sec. 134(c)(2)(A)(iv) of WIOA. | |||||
| 20:20:3.0.2.1.24.1.1.4 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | A | Subpart A—Employment Service Operations | § 652.4 Allotment of funds and grant agreement. | DOL | (a) Allotments. The Secretary must provide planning estimates in accordance with sec. 6(b)(5) of the Wagner-Peyser Act. Within 30 days of receipt of planning estimates from the Secretary, the State must make public the sub-State resource distributions, and describe the process and schedule under which these resources will be issued, planned, and committed. This notification must include a description of the procedures by which the public may review and comment on the sub-State distributions, including a process by which the State will resolve any complaints. (b) Grant agreement. To establish a continuing relationship under the Wagner-Peyser Act, the Governor and the Secretary must sign a grant agreement, including a statement assuring that the State must comply with the Wagner-Peyser Act and all applicable rules and regulations. Consistent with this agreement and sec. 6 of the Wagner-Peyser Act, State allotments will be obligated through a notification of obligation. | |||||
| 20:20:3.0.2.1.24.1.1.5 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | A | Subpart A—Employment Service Operations | § 652.5 Services authorized. | DOL | The funds allotted to each State under sec. 6 of the Wagner-Peyser Act must be expended consistent with an approved plan under §§ 676.100 through 676.145 of this chapter and § 652.211. At a minimum, each State must provide the minimum labor exchange elements listed at § 652.3. | |||||
| 20:20:3.0.2.1.24.1.1.6 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | A | Subpart A—Employment Service Operations | §§ 652.6-652.7 [Reserved] | DOL | ||||||
| 20:20:3.0.2.1.24.1.1.7 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | A | Subpart A—Employment Service Operations | § 652.8 Administrative provisions. | DOL | [81 FR 56337, Aug. 19, 2016, as amended at 88 FR 82725, Nov. 24, 2023] | (a) Administrative requirements. The Employment Security Manual is not applicable to funds appropriated under the Wagner-Peyser Act. Except as provided for in paragraph (f) of this section, administrative requirements and cost principles applicable to grants under this part are as specified in 2 CFR parts 200 and 2900 which govern the Uniform Guidelines, cost principles, and audit requirements for Federal awards. (b) Management systems, reporting, and recordkeeping. (1) The State must ensure that a financial system provides fiscal control and accounting procedures sufficient to permit preparation of required reports, and the tracing of funds to a level of expenditure adequate to establish that funds have not been expended in violation of the restrictions on the use of such funds. (sec. 10(a) of the Wagner-Peyser Act) (2) The financial management system and the program information system must provide Federally-required records and reports that are uniform in definition, accessible to authorized Federal and State staff, and verifiable for monitoring, reporting, audit and evaluation purposes. (sec. 10(c) of the Wagner-Peyser Act) (c) Reports required. (1) Each State must make reports pursuant to instructions issued by the Secretary and in such format as the Secretary prescribes. (2) The Secretary is authorized to monitor and investigate pursuant to sec. 10 of the Wagner-Peyser Act. (d) Special administrative and cost provisions. (1) Neither the Department nor the State is a guarantor of the accuracy or truthfulness of information obtained from employers or applicants in the process of operating a labor exchange activity. (2) Prior approval authority—as described in various sections of 29 CFR part 97, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and Office of Management and Budget Circular A-87 (Revised)—is delegated to the State except that the Secretary reserves the right to require transfer of title on nonexpendable Automated Data Processin… | ||||
| 20:20:3.0.2.1.24.1.1.8 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | A | Subpart A—Employment Service Operations | § 652.9 Labor disputes. | DOL | (a) State agencies may not make a job referral on job orders which will aid directly or indirectly in the filling of a job opening which is vacant because the former occupant is on strike, or is being locked out in the course of a labor dispute, or the filling of which is otherwise an issue in a labor dispute involving a work stoppage. (b) Written notification must be provided to all applicants referred to jobs not at issue in the labor dispute that a labor dispute exists in the employing establishment and that the job to which the applicant is being referred is not at issue in the dispute. (c) When a job order is received from an employer reportedly involved in a labor dispute involving a work stoppage, State agencies must: (1) Verify the existence of the labor dispute and determine its significance with respect to each vacancy involved in the job order; and (2) Notify all potentially affected staff concerning the labor dispute. (d) State agencies must resume full referral services when they have been notified of, and verified with the employer and workers' representative(s), that the labor dispute has been terminated. (e) State agencies must notify the regional office in writing of the existence of labor disputes which: (1) Result in a work stoppage at an establishment involving a significant number of workers; or (2) Involve multi-establishment employers with other establishments outside the reporting State. | |||||
| 20:20:3.0.2.1.24.1.1.9 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | A | Subpart A—Employment Service Operations | § 652.10 Severability. | DOL | [88 FR 82725, Nov. 24, 2023] | Should a court hold any portion of any provision of this part to be invalid, the provision will be construed so as to continue to give the maximum effect to the provision permitted by law, unless such holding is one of total invalidity or unenforceability, in which event the provision or subprovision will be severable from this part and will not affect the remainder thereof. | ||||
| 20:20:3.0.2.1.24.2.1.1 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | B | Subpart B—Services for Veterans | § 652.100 Services for veterans. | DOL | Veterans receive priority of service for all Department-funded employment and training programs as described in 20 CFR part 1010. The Department's Veterans' Employment and Training Service (VETS) administers the Jobs for Veterans State Grants (JVSG) program under chapter 41 of title 38 of the U.S. Code and other activities and training programs which provide services to specific populations of eligible veterans. VETS' general regulations are located in parts 1001, 1002, and 1010 of this title. | |||||
| 20:20:3.0.2.1.24.3.1.1 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.200 What is the purpose of this subpart? | DOL | (a) This subpart provides guidance to States to implement the services provided under the Wagner-Peyser Act, as amended by WIOA, in a one-stop delivery system environment. (b) Except as otherwise provided, the definitions contained in part 651 of this chapter and sec. 2 of the Wagner-Peyser Act apply to this subpart. | |||||
| 20:20:3.0.2.1.24.3.1.10 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.209 What are the requirements under the Wagner-Peyser Act for providing reemployment services and other activities to referred unemployment insurance claimants? | DOL | (a) In accordance with sec. 3(c)(3) of the Wagner-Peyser Act, the SWA, as part of the one-stop delivery system, must provide reemployment services to UI claimants for whom such services are required as a condition for receipt of UI benefits. Services must be appropriate to the needs of UI claimants who are referred to reemployment services under any Federal or State UI law. (b) The SWA also must provide other activities, including: (1) Coordination of labor exchange services with the provision of UI eligibility services as required by sec. 5(b)(2) of the Wagner-Peyser Act; (2) Administration of the work test, conducting eligibility assessments, and registering UI claimants for employment services in accordance with a State's unemployment compensation law, and provision of job finding and placement services as required by sec. 3(c)(3) and described in sec. 7(a)(3)(F) of the Wagner-Peyser Act; and (3) Referring UI claimants to, and providing application assistance for, training and education resources and programs, including Federal Pell grants and other student assistance under title IV of the Higher Education Act, the Montgomery GI Bill, Post-9/11 GI Bill, and other Veterans Educational Assistance, training provided for youth, and adult and dislocated workers, as well as other employment training programs under WIOA, and for Vocational Rehabilitation Services under title I of the Rehabilitation Act of 1973. | |||||
| 20:20:3.0.2.1.24.3.1.11 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.210 What are the Wagner-Peyser Act's requirements for administration of the work test, including eligibility assessments, as appropriate, and assistance to unemployment insurance claimants? | DOL | [81 FR 56337, Aug. 19, 2016, as amended at 85 FR 626, Jan. 6, 2020] | (a) State UI law or rules establish the requirements under which UI claimants must register and search for work in order to fulfill the UI work test requirements. (b) ES staff must assure that: (1) UI claimants receive the full range of labor exchange services available under the Wagner-Peyser Act that are necessary and appropriate to facilitate their earliest return to work, including career services specified in § 652.206 and listed in sec. 134(c)(2)A) of WIOA; (2) UI claimants requiring assistance in seeking work receive the necessary guidance and counseling to ensure they make a meaningful and realistic work search; and (3) ES staff will provide UI program staff with information about UI claimants' ability or availability for work, or the suitability of work offered to them. | ||||
| 20:20:3.0.2.1.24.3.1.12 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.211 What are State planning requirements under the Wagner-Peyser Act? | DOL | The ES is a core program identified in WIOA and must be included as part of each State's Unified or Combined State Plans. See §§ 676.105 through 676.125 of this chapter for planning requirements for the core programs. | |||||
| 20:20:3.0.2.1.24.3.1.13 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.215 What staffing models must be used to deliver services in the Employment Service? | DOL | [88 FR 82726, Nov. 24, 2023, as amended at 91 FR 2488, Jan. 21, 2026] | (a) Except as provided in paragraph (b) of this section, the Secretary requires that States deliver the labor exchange services described in § 652.3 using State merit-staff employees employed according to the merit-system principles described in 5 CFR part 900, subpart F—Standards for a Merit System of Personnel Administration. This requirement also applies to the provision of services and activities under parts 653 and 658 of this chapter. (b) States authorized prior to February 5, 2020, to use a staffing model other than that described in paragraph (a) of this section to deliver ES services may use the staffing model consistent with the model previously authorized for the State. These States may use merit-staffing flexibility only to the same extent that the Department had authorized it prior to February 5, 2020. (c) States using staffing models under paragraph (b) of this section are required to participate in evaluations of their delivery of ES services conducted by the Department. (d) All States must comply with the requirements in this section no later than January 21, 2027. | ||||
| 20:20:3.0.2.1.24.3.1.14 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.216 May the one-stop operator provide guidance to Employment Service staff in accordance with the Wagner-Peyser Act? | DOL | [85 FR 626, Jan. 6, 2020] | (a) Yes, the one-stop delivery system envisions a partnership in which Wagner-Peyser Act labor exchange services are coordinated with other activities provided by other partners in a one-stop setting. As part of the local MOU described in § 678.500 of this chapter, the SWA, as a one-stop partner, may agree to have ES staff receive guidance from the one-stop operator regarding the provision of labor exchange services. (b) The guidance given to ES staff must be consistent with the provisions of the Wagner-Peyser Act, the local MOU, and applicable collective bargaining agreements. | ||||
| 20:20:3.0.2.1.24.3.1.2 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.201 What is the role of the State Workforce Agency in the one-stop delivery system? | DOL | (a) The role of the State Workforce Agency (SWA) in the one-stop delivery system is to ensure the delivery of services authorized under sec. 7(a) of the Wagner-Peyser Act. The SWA is a required one-stop partner in each local one-stop delivery system and is subject to the provisions relating to such partners that are described at part 678 of this chapter. (b) Consistent with those provisions, the State agency must: (1) Participate in the one-stop delivery system in accordance with sec. 7(e) of the Wagner-Peyser Act; (2) Be represented on the Workforce Development Boards (WDBs) that oversee the local and State one-stop delivery system and be a party to the Memorandum of Understanding, described at § 678.500 of this chapter, addressing the operation of the one-stop delivery system; and (3) Provide these services as part of the one-stop delivery system. | |||||
| 20:20:3.0.2.1.24.3.1.3 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.202 May local Employment Service offices exist outside of the one-stop delivery system? | DOL | No. Local ES offices may not exist outside of the one-stop service delivery system. A State must colocate ES, as provided in §§ 678.310 through 678.315 of this chapter. | |||||
| 20:20:3.0.2.1.24.3.1.4 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.203 Who is responsible for funds authorized under the Wagner-Peyser Act in the workforce development system? | DOL | The SWA retains responsibility for all funds authorized under the Wagner-Peyser Act, including those funds authorized under sec. 7(a) required for providing the services and activities delivered as part of the one-stop delivery system. | |||||
| 20:20:3.0.2.1.24.3.1.5 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.204 Must funds authorized under the Wagner-Peyser Act Governor's Reserve flow through the one-stop delivery system? | DOL | [81 FR 56337, Aug. 19, 2016, as amended at 85 FR 626, Jan. 6, 2020; 88 FR 82725, Nov. 24, 2023] | No, sec. 7(b) of the Wagner-Peyser Act provides that 10 percent of the State's allotment under the Wagner-Peyser Act is reserved for use by the Governor for performance incentives, supporting exemplary models of service delivery, professional development and career advancement of SWA officials as applicable, and services for groups with special needs. However, these funds may flow through the one-stop delivery system. | ||||
| 20:20:3.0.2.1.24.3.1.6 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.205 May funds authorized under the Wagner-Peyser Act be used to supplement funding for labor exchange programs authorized under separate legislation? | DOL | [81 FR 56337, Aug. 19, 2016, as amended at 88 FR 82725, Nov. 24, 2023] | (a) Section 7(c) of the Wagner-Peyser Act enables States to use funds authorized under sec. 7(a) or 7(b) of the Wagner-Peyser Act to supplement funding of any workforce activity carried out under WIOA. (b) Funds authorized under the Wagner-Peyser Act may be used under sec. 7(c) to provide additional funding to other activities authorized under WIOA if: (1) The activity meets the requirements of the Wagner-Peyser Act, and its own requirements; (2) The activity serves the same individuals as are served under the Wagner-Peyser Act; (3) The activity provides services that are coordinated with ES services; and (4) The funds supplement, rather than supplant, funds provided from non-Federal sources. | ||||
| 20:20:3.0.2.1.24.3.1.7 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.206 May a State use funds authorized under the Wagner-Peyser Act to provide applicable “career services,” as defined in the Workforce Innovation and Opportunity Act? | DOL | Yes, funds authorized under sec. 7(a) of the Wagner-Peyser Act must be used to provide basic career services as identified in § 678.430(a) of this chapter and secs. 134(c)(2)(A)(i)-(xi) of WIOA, and may be used to provide individualized career services as identified in § 678.430(b) of this chapter and sec. 134(c)(2)(A)(xii) of WIOA. Funds authorized under sec. 7(b) of the Wagner-Peyser Act may be used to provide career services. Career services must be provided consistent with the requirements of the Wagner-Peyser Act. | |||||
| 20:20:3.0.2.1.24.3.1.8 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.207 How does a State meet the requirement for universal access to Employment Service services? | DOL | [81 FR 56337, Aug. 19, 2016, as amended at 85 FR 626, Jan. 6, 2020; 88 FR 82726, Nov. 24, 2023] | (a) A State has discretion in how it meets the requirement for universal access to ES services. In exercising this discretion, a State must meet the Wagner-Peyser Act's requirements. (b) These requirements are: (1) Labor exchange services must be available to all employers and job seekers, including unemployment insurance (UI) claimants, veterans, migrant and seasonal farmworkers, and individuals with disabilities; (2) The State must have the capacity to deliver labor exchange services to employers and job seekers, as described in the Wagner-Peyser Act, on a statewide basis through: (i) Self-service, including virtual services; (ii) Facilitated self-help service; and (iii) Staff-assisted service; (3) In each local area, in at least one comprehensive physical center, ES staff must provide labor exchange services (including staff-assisted labor exchange services) and career services as described in § 652.206; and (4) Those labor exchange services provided under the Wagner-Peyser Act in a local area must be described in the Memorandum of Understanding (MOU) described in § 678.500 of this chapter. | ||||
| 20:20:3.0.2.1.24.3.1.9 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | C | Subpart C—Employment Service Services in a One-Stop Delivery System Environment | § 652.208 How are applicable career services related to the methods of service delivery described in in this part? | DOL | Career services may be delivered through any of the applicable three methods of service delivery described in § 652.207(b)(2). These methods are: (a) Self-service, including virtual services; (b) Facilitated self-help service; and (c) Staff-assisted service. | |||||
| 20:20:3.0.2.1.24.4.1.1 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | D | Subpart D—Workforce and Labor Market Information | § 652.300 What role does the Secretary of Labor have concerning the Workforce and Labor Market Information System? | DOL | (a) The Secretary of Labor must oversee the development, maintenance, and continuous improvement of the workforce and labor market information system defined in Wagner-Peyser Act sec. 15 and § 651.10 of this chapter. The Department also will identify parameters of continuous improvement. The Secretary will consult with the Workforce Information Advisory Council on these matters and consider the council's recommendations. (b) With respect to data collection, analysis, and dissemination of workforce and labor market information as defined in Wagner-Peyser Act sec. 15 and § 651.10 of this chapter, the Secretary must: (1) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in sec. 15(a) of the Wagner-Peyser Act to ensure that the statistical and administrative data collected are consistent with appropriate Bureau of Labor Statistics standards and definitions, and that the information is accessible and understandable to users of such data; (2) Actively seek the cooperation of heads of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and non-duplication in the development and operation of statistical and administrative data collection activities; (3) Solicit, receive, and evaluate the recommendations of the Workforce Information Advisory Council established by Wagner-Peyser Act sec. 15(d); (4) Eliminate gaps and duplication in statistical undertakings; (5) Through the Bureau of Labor Statistics and the Employment and Training Administration, and in collaboration with States, develop and maintain the elements of the workforce and labor market information system, including the development of consistent procedures and definitions for use by States in collecting and reporting the workforce and labor market information data described in Wagner-Peyser Act sec. 15 and defined in § 651.10 of this chapter; (6) Establish procedures for the system to ensure that the data and information are timely, and pap… | |||||
| 20:20:3.0.2.1.24.4.1.2 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | D | Subpart D—Workforce and Labor Market Information | § 652.301 What are wage records for purposes of the Wagner-Peyser Act? | DOL | Wage records, for purposes of the Wagner-Peyser Act, are records that contain “wage information” as defined in § 603.2(k) of this chapter. In this part, “State wage records” refers to wage records produced or maintained by a State. | |||||
| 20:20:3.0.2.1.24.4.1.3 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | D | Subpart D—Workforce and Labor Market Information | § 652.302 How do the Secretary of Labor's responsibilities described in this part apply to State wage records? | DOL | (a) A significant portion of the workforce and labor market information—defined in § 651.10 of this chapter—are developed using State wage records. (b) Based on the Secretary of Labor's responsibilities described in Wagner-Peyser Act sec. 15 and § 652.300, the Secretary of Labor will, in consultation with Federal agencies, and States, and considering recommendations from the Workforce Information Advisory Council described in Wagner-Peyser Act sec. 15(d), develop: (1) Standardized definitions for the data elements comprising “wage records” as defined in § 652.301; and (2) Improved processes and systems for the collection and reporting of wage records. (c) In carrying out these activities, the Secretary also may consult with other stakeholders, such as employers. | |||||
| 20:20:3.0.2.1.24.4.1.4 | 20 | Employees' Benefits | V | 652 | PART 652—ESTABLISHMENT AND FUNCTIONING OF STATE EMPLOYMENT SERVICE | D | Subpart D—Workforce and Labor Market Information | § 652.303 How do the requirements of part 603 of this chapter apply to wage records? | DOL | All information collected by the State in wage records referred to in § 652.302 is subject to the confidentiality regulations at part 603 of this chapter. | |||||
| 7:7:6.1.3.6.21.1.1.1 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | A | Subpart A—General Provisions | § 652.1 Applicability. | NRCS | (a) The regulations in this part set forth the policies, procedures, and requirements related to delivery of technical assistance by individuals and entities other than the Department, hereinafter referred to as technical service providers (TSPs). The Food Security Act of 1985, requires the Secretary to deliver technical assistance to eligible participants for implementation of its Title XII Programs and the conservation activities in the Agricultural Management Assistance Program, 7 U.S.C. 1524, directly, through an agreement with a third party provider, or at the option of the producer through payment to the producer for an approved third party provider. This regulation defines how a participant acquires technical service from a third party TSP, sets forth a certification and decertification process, and establishes a method to make payments for technical services. (b) TSPs may provide technical services to eligible participants in conservation planning, education and outreach, and assistance with design and implementation of conservation practices applied on private land, Indian land, or where allowed by conservation program rules on public land. (c) The Chief may implement this part in any of the 50 States, District of Columbia, Commonwealth of Puerto Rico, Guam, Virgin Islands, American Samoa, and the Commonwealth of the Northern Marianna Islands. | ||||
| 7:7:6.1.3.6.21.1.1.2 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | A | Subpart A—General Provisions | § 652.2 Definitions. | NRCS | [75 FR 6845, Feb. 12, 2010, as amended at 75 FR 48273, Aug. 10, 2010] | The following definitions apply to this part and all documents issued in accordance with this part, unless specified otherwise: Approved list means the list of individuals, private sector entities, or public agencies certified by the Natural Resources Conservation Service (NRCS) to provide technical services to a participant. Certification means the action taken by NRCS to approve: (1) An individual as meeting the minimum NRCS criteria for providing technical service for conservation planning or a specific conservation practice or system. (2) An entity or public agency having an employee or employees that meet the minimum NRCS criteria for providing technical service for conservation planning or a specific conservation practice or system. Chief means the Chief of NRCS or designee. Conservation activity plan means the conservation practices associated with plan development as authorized under the Food, Conservation, and Energy Act of 2008 (2008 Act). Conservation plan means a record of the client's decisions and supporting information for treatment of a land unit or water as a result of the planning process that meets the Field Office Technical Guide quality criteria for each natural resource (soil, water, air, plants, and animals), and takes into account economic and social considerations. The plan describes the schedule of operations and activities needed to solve identified natural resource problems and takes advantage of opportunities at a conservation management system level. The needs of the client, the resources, and Federal, State, and local requirements will be met. Conservation practice means a specified treatment, such as a structural or vegetative practice, or a land management practice that is planned and applied according to NRCS standards and specifications. Contribution agreement means the instrument used to acquire technical services under the authority of 7 U.S.C. 6962a. Cooperative agreement means the same as defined in the Federal Grants and Cooperative Agreement Act, 31 U.S.C… | |||
| 7:7:6.1.3.6.21.1.1.3 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | A | Subpart A—General Provisions | § 652.3 Administration. | NRCS | (a) As provided in this part, the Department will provide technical assistance to participants directly, or at the option of the participant, through a TSP in accordance with the requirements of this part. (b) The Chief of NRCS will direct and supervise the administration of the regulations in this part. (c) NRCS will: (1) Provide overall leadership and management for the development and administration of a TSP process; (2) Consult with the Farm Service Agency and other appropriate agencies and entities concerning the availability and utilization of TSPs and the implementation of technical service; (3) Establish policies, procedures, guidance, and criteria for certification, recertification, decertification, certification renewal, and implementation of the use of TSPs; (4) Provide training to ensure that persons meet the certification criteria for certain technical expertise when there is a lack of training resources or market outside the agency for such technical expertise. However, any training provided by the Department will be limited to training about Department regulations, policies, procedures, processes, and business and technical tools unique to NRCS; and (5) Establish a process for verifying information provided to NRCS under this part. (d) The Department will not make payments under a program contract or written agreement with a participant for technical services provided by a TSP unless the TSP is certified by NRCS for the services provided and is identified on the approved list. (e) The Department may enter into procurement contracts, contribution agreements, cooperative agreements, or other appropriate instruments to assist the Department in providing technical assistance when implementing conservation programs covered by this part. The Department will ensure that such instruments contain the qualification and performance criteria necessary to ensure quality implementation of the goals and objectives of these conservation programs; therefore, when the Department obtains assistance from a TS… | ||||
| 7:7:6.1.3.6.21.1.1.4 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | A | Subpart A—General Provisions | § 652.4 Technical service standards. | NRCS | [75 FR 6845, Feb. 12, 2010, as amended at 79 FR 44640, Aug. 1, 2014] | (a) All technical services provided by TSPs must meet USDA standards and specifications as set forth in Departmental manuals, handbooks, guides, and other references for soils mapping and natural resources information, conservation planning, conservation practice application, and other areas of technical assistance. (b) The Department will only pay a participant for technical services provided in accordance with established NRCS standards, specifications, and requirements. The Department must approve all new technologies and innovative practices, including interim standards and specifications, prior to a TSP initiating technical services for those technologies and practices. (c) A TSP must assume responsibility in writing for the particular technical services provided. Technical services provided by the TSP must: (1) Comply with all applicable Federal, State, tribal, and local laws and requirements; (2) Meet applicable Department standards, specifications, and program requirements; (3) Be consistent with the particular conservation program goals and objectives for which the program contract was entered into by the Department and the participant; and (4) Incorporate alternatives that are both cost effective and appropriate to address the resource issues. Conservation alternatives will meet the objectives for the program and participant to whom assistance is provided. (d) TSPs are responsible for the technical services provided, including any costs, damages, claims, liabilities, and judgments arising from past, present, and future negligent or wrongful acts or omissions of the TSP in connection with the technical service provided. (e) The Department will not be in breach of any program contract or written agreement if it fails to implement conservation plans or practices or make payment for conservation plans or practices resulting from technical services that do not meet USDA standards and specifications or are not consistent with program requirements. (f) The participant is responsible for complying with… | |||
| 7:7:6.1.3.6.21.1.1.5 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | A | Subpart A—General Provisions | § 652.5 Participant acquisition of technical services. | NRCS | [75 FR 6845, Feb. 12, 2010, as amended at 79 FR 44640, Aug. 1, 2014] | (a) Participants may obtain technical assistance directly from the Department or, when available, from a TSP. (b) To acquire technical assistance directly from the Department, participants should contact their local USDA Service Center. (c) To acquire technical services from a TSP, participants must: (1) Enter into and comply with a program contract or a written agreement prior to acquiring technical services; and (2) Select a certified TSP from the approved list of TSPs. (d) The Department may approve written agreements for technical assistance prior to program participation based on available funding and natural resource priorities as identified by the State Conservationist. (e) The technical assistance indicated in paragraph (d) may include the development of conservation plans or activity plans suitable for subsequent incorporation into a program contract. (f) The Department may make payment to eligible participants who have a technical service contract and utilize it for technical assistance from a TSP. (g) The Department will identify in the particular program contract or written agreement the payment provisions for TSPs hired directly by the participant. (h) To obtain payment for technical services, participants must submit to the Department valid invoices, supporting documentation, and requests for payment. The Department will issue payment within 30 days of receiving these items. The Department may pay a participant for some or all of the costs associated with the technical services provided by a TSP hired by the participant, or upon receipt of an assignment of payment from the participant, make payment directly to the TSP. (i) Participants must authorize in writing to the Department the disclosure of their records on file with the Department that they wish to make available to specific TSPs. (j) Payments for technical services will be made only one time for the same technical service provided unless, as determined by the Department, the emergence of new technologies or major changes in the pa… | |||
| 7:7:6.1.3.6.21.1.1.6 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | A | Subpart A—General Provisions | § 652.6 Department delivery of technical services. | NRCS | (a) The Department may enter into a procurement contract, contribution agreement, cooperative agreement, or other appropriate instrument to assist the Department in providing technical assistance when implementing the conservation programs covered by this part. (b) The Department may enter into a procurement contract, contribution agreement, cooperative agreement, or other appropriate instrument with TSPs to provide related technical assistance services that accelerate conservation program delivery. Related technical assistance services may include activities or services that facilitate the development, processing, or implementation of a program contract, such as recording conservation planning decisions and specifications. (c) NRCS may enter into agreements with other agencies or with a non-Federal entity to provide technical services to eligible participants. (d) The Department will ensure that such legal instruments contain qualification and performance criteria necessary to ensure quality implementation of these conservation programs. When the Department obtains assistance from a TSP through a procurement contract, contribution agreement, cooperative agreement, or other similar instrument, the TSP is authorized to provide technical services and receive payment even if such TSP is not certified in accordance with subpart B of this part nor identified on the approved list. (e) The Department will implement procurement contracts, contribution agreements, cooperative agreements, and other appropriate instruments in accordance with applicable Federal acquisition or USDA Federal assistance rules and requirements for competency, quality, and selection, as appropriate. Any contract, contribution agreement, cooperative agreement, or other appropriate instrument entered into under this section will be for a minimum of one year, will not exceed 3 years in duration, and may be renewed upon mutual agreement of the parties. (f) A TSP may not receive payment twice for the same technical service, such as once from a par… | ||||
| 7:7:6.1.3.6.21.1.1.7 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | A | Subpart A—General Provisions | § 652.7 Quality assurance. | NRCS | (a) NRCS will review, in consultation with the Farm Service Agency, as appropriate, the quality of the technical services provided by TSPs. As a requirement of certification, TSPs must develop and maintain documentation in accordance with Departmental manuals, handbooks, and technical guidance for the technical services provided, and provide this documentation to NRCS and the participant when the particular technical service is completed. NRCS may utilize information obtained through its quality assurance process, documentation submitted by the TSP, and other relevant information in determining how to improve the quality of technical service, as well as determining whether to decertify a TSP under subpart C of this part. (b) Upon discovery of a deficiency in the provision of technical service through its quality assurance process or other means, NRCS will, to the greatest extent practicable, send a notice to the TSP detailing the deficiency and requesting remedial action by the TSP. Failure by the TSP to promptly remedy the deficiency, or the occurrence of repeated deficiencies in providing technical services, may trigger the decertification process set forth in subpart C of this part. A failure by NRCS to identify a deficiency does not affect any action under the decertification process. TSPs are solely responsible for providing technical services that meet all NRCS standards and specifications. | ||||
| 7:7:6.1.3.6.21.2.1.1 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | B | Subpart B—Certification | § 652.21 Certification criteria and requirements. | NRCS | (a) To qualify for certification an individual must: (1) Have the required technical training, education, and experience to perform the level of technical assistance for which certification is sought; (2) Meet any applicable professional or business licensing or similar qualification standards established by State or Tribal law; (3) Demonstrate, through documentation of training or experience, familiarity with NRCS guidelines, criteria, standards, and specifications as set forth in the applicable NRCS manuals, handbooks, field office technical guides, and supplements thereto for the planning and applying of specific conservation practices and management systems for which certification is sought; and (4) Not be decertified in any State under subpart C of this part at the time of application for certification. (b) To qualify for certification an entity or public agency must be authorized to provide such services in the jurisdiction and have a certified individual providing, in accordance with this part, technical services on its behalf. (c) A technical service provider, as part of the certification by NRCS, must enter into a Certification Agreement with NRCS specifying the terms and conditions of the certification, including adherence to the requirements of this part, and acknowledging that failure to meet these requirements may result in ineligibility to receive payments from the Department, either directly or through the participant, for the technical services provided or may result in decertification. (d) NRCS will certify Technical Service Providers for a time period specified by NRCS in the Certification Agreement, not to exceed 3 years. Decertification and Renewal of Certification is administered in accordance with § 652.26. (e) NRCS may, pursuant to 31 U.S.C. 9701, establish and collect fees for the certification of technical service providers. | ||||
| 7:7:6.1.3.6.21.2.1.2 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | B | Subpart B—Certification | § 652.22 Certification process for individuals. | NRCS | (a) In order to be considered for certification as a technical service provider, an individual must: (1) Submit an Application for Certification to NRCS in accordance with this section; (2) Request certification through a recommending organization pursuant to § 652.25; or (3) Request certification through an application submitted by a private-sector entity or public agency pursuant to § 652.23 or § 652.24, as appropriate. (b) The application must contain the documentation demonstrating that the individual meets all requirements of paragraph (a) of § 652.21. (c) NRCS will, within 60 days of receipt of an application, make a determination on the application submitted by an individual under paragraph (a)(1) of this section and in accordance with paragraph (a) of § 652.21. If all requirements are met, NRCS will: (1) Enter into a Certification Agreement and certify the applicant as qualified to provide technical services for a specific practice, category, or categories of technical service; (2) Place the applicant on the list of approved technical service providers when certified; and (3) Make available to the public the list of approved technical service providers by practice or category of technical services. (d) NRCS may decertify an individual in accordance with the decertification process set forth in subpart C of this part. | ||||
| 7:7:6.1.3.6.21.2.1.3 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | B | Subpart B—Certification | § 652.23 Certification process for private-sector entities. | NRCS | (a) A private sector entity that applies for certification must identify, and provide supporting documentation, that it has the requisite professional and business licensure within the jurisdiction for which it seek certification, and that it employs at least one individual, authorized to act on its behalf that: (1) Has received certification on an individual basis in accordance with § 652.22; or (2) Seeks certification on an individual basis as part of the private-sector entity's certification and ensures that the requirements set forth in § 652.21(a) are contained within the private-sector entity's application to support such certification. (b) NRCS will determine pursuant to § 652.22 whether the individual(s) identified in the private-sector entity's application meets the certification standards set forth in § 652.21 for the specific services the entity wishes to provide. (c) NRCS will, within 60 days of receipt of an application, make a determination on the application submitted by an entity. If NRCS determines that all requirements for the private-sector entity and the identified individual(s) are met, NRCS will complete the actions described in paragraphs (c)(1) through (c)(3) of § 652.22. (d) The Certification Agreement entered into with the private-sector entity shall: (1) Identify the certified individuals who are authorized to perform technical services on behalf of and under the auspices of the entity's certification; (2) Require that the entity has, at all times, an individual who is a certified technical service provider authorized to act on the entity's behalf; (3) Require that the entity promptly provide an amended Certification Agreement to NRCS for approval when the list of certified individuals performing technical services under its auspices changes; (4) Require that responsibility for any work performed by non-certified individuals be assumed by a certified individual who is authorized to act on the entity's behalf; and (5) Require that the entity be legally responsible for the work … | ||||
| 7:7:6.1.3.6.21.2.1.4 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | B | Subpart B—Certification | § 652.24 Certification process for public agencies. | NRCS | (a) A public agency that applies for certification must identify, and provide supporting documentation, that it has the authority within the jurisdiction within which it seeks to provide technical services and an individual or individuals authorized to act on its behalf: (1) Has been certified as an individual in accordance with § 652.22; or (2) Seeks certification as an individual as part of the public agency's certification and sufficient information as set forth in § 652.21(a) is contained within the public agency's application to support such certification. (b) NRCS shall determine whether the individual identified in the public agency's application meets the certification standards set forth in § 652.22. (c) NRCS will, within 60 days of receipt of an application, make a determination on the application submitted by a public agency. If NRCS determines that all requirements for the public agency and the identified individual(s) are met, NRCS will perform the actions described in paragraph (c)(1) through (c)(3) of § 652.22. The Certification Agreement entered into with the public agency shall: (1) Identify the certified individuals that are authorized to perform technical services on behalf of and under the auspices of the public agency's certification; (2) Require that the public agency have, at all times, an individual that is a certified technical service provider and is an authorized official of the public agency; (3) Require that the public agency promptly provide to NRCS for NRCS approval an amended Certification Agreement when the list of certified individuals performing technical services under its auspices changes; (4) Require that responsibility for any work performed by non-certified individuals be assumed by a certified individual that is authorized to act on the public agency's behalf; and (5) Require that the public agency be legally responsible for the work performed by any individual working under the auspices of its certification. (d) NRCS may, in accordance with the decertification p… | ||||
| 7:7:6.1.3.6.21.2.1.5 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | B | Subpart B—Certification | § 652.25 Alternative application process for individual certification. | NRCS | [75 FR 6845, Feb. 12, 2010, as amended at 84 FR 19703, May 6, 2019] | (a) NRCS may enter into an agreement, including a memorandum of understanding or other appropriate instrument, with a recommending organization that NRCS determines has an adequate accreditation program in place to train, test, and evaluate candidates for competency in a particular area or areas of technical service delivery and whose accreditation program NRCS determines meets the certification criteria as set forth for the technical services to be provided. (b) Recommending organizations will, pursuant to an agreement entered into with NRCS: (1) Train, test, and evaluate candidates for competency in the area of technical service delivery; (2) Recommend to NRCS individuals who it determines meet the NRCS certification requirements of § 652.21(a) for providing specific practices or categories of technical services; (3) Inform the recommended individuals that they must meet the requirements of this part, including entering into a Certification Agreement with NRCS, in order to provide technical services under this part; (4) Reassess individuals that request renewal of their certification pursuant to § 652.26 through the recommendation of the organization; and (5) Notify NRCS of any concerns or problems that may affect the organization's recommendation concerning the individual's certification, recertification, certification renewal, or technical service delivery. (c) Pursuant to an agreement with NRCS, a recommending organization may provide to the appropriate NRCS official a current list of individuals identified by the recommending organization as meeting NRCS criteria as set forth in § 652.21(a) for specific practices or categories of technical service and recommend that the NRCS official certify these individuals as technical service providers in accordance with this part. (d) NRCS will, within 60 days, make a determination on the recommendation for certification issued by the recommending organization. If NRCS determines that all requirements for certification are met by the recommended individual(s), … | |||
| 7:7:6.1.3.6.21.2.1.6 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | B | Subpart B—Certification | § 652.26 Certification renewal. | NRCS | (a) NRCS certifications are in effect for a time period specified by NRCS in the Certification Agreement, not to exceed 3 years and automatically expire unless they are renewed for an additional time period in accordance with this section. (b) A technical service provider may request renewal of an NRCS certification by: (1) Submitting a complete certification renewal application to NRCS or through a private sector entity, a public agency, or a recommending organization to NRCS at least 60 days prior to expiration of the current certification; (2) Providing verification on the renewal form that the requirements of this part are met; and (3) Agreeing to abide by the terms and conditions of a Certification Agreement. (c) All certification renewals are in effect for a time period specified by NRCS in the Certification Agreement, not to exceed three years and before expiration, may be renewed for subsequent time period in accordance with this section. | ||||
| 7:7:6.1.3.6.21.3.1.1 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.31 Policy. | NRCS | In order to protect the public interest, it is the policy of NRCS to maintain certification of those technical service providers who act responsibly in the provision of technical service, including meeting NRCS standards and specifications when providing technical service to participants. This section, which provides for the decertification of technical service providers, is an appropriate means to implement this policy. | ||||
| 7:7:6.1.3.6.21.3.1.10 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.40 Effect of decertification. | NRCS | (a) The Department will not make payment under a program contract for the technical services of a decertified technical service provider that were provided during the period of decertification. Likewise, NRCS will not procure, or otherwise enter into an agreement for, the services of a decertified technical service provider during the period of decertification. (b) National decertification list. NRCS shall maintain a current list of decertified technical service providers. NRCS shall remove decertified providers from the list of certified providers. Participants may not hire a decertified technical service provider. It is the participant's responsibility to check the decertified list before hiring a technical service provider. Decertification of a technical service provider in one State decertifies the technical service provider from providing technical services under current programs in all States, the Caribbean Area, and the Pacific Basin Area. | ||||
| 7:7:6.1.3.6.21.3.1.11 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.41 Effect of filing deadlines. | NRCS | A technical service provider's failure to meet the filing deadlines under this subpart will result in the forfeiture of appeal rights. All filings must be received by NRCS no later than the close of business (5 p.m.) the last day of the filing period. | ||||
| 7:7:6.1.3.6.21.3.1.12 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.42 Recertification. | NRCS | A decertified technical service provider may apply to be re-certified under the certification provisions of this part after the period of decertification has expired. A technical service provider may not utilize the certification renewal process in an attempt to be recertified after being decertified. | ||||
| 7:7:6.1.3.6.21.3.1.2 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.32 Causes for decertification. | NRCS | [75 FR 6845, Feb. 12, 2010, as amended at 79 FR 44640, Aug. 1, 2014] | A State Conservationist, in whose State a technical service provider is certified to provide technical service, may submit a Notice of Proposed Decertification to the Deputy Chief for Programs recommending decertification of the technical service provider in accordance with these provisions if the technical service provider, or someone acting on behalf of the technical service provider: (a) Fails to meet NRCS standards and specifications in the provision of technical services; (b) Violates the terms of the Certification Agreement, including but not limited to, a demonstrated lack of understanding of, or an unwillingness or inability to implement, NRCS standards and specifications for a particular practice for which the technical service provider is certified, or the provision of technical services for which the technical service provider is not certified; (c) Engages in a scheme or device to defeat the purposes of this part, including, but not limited to, coercion, fraud, misrepresentation, or providing incorrect or misleading information; or (d) Commits any other action of a serious or compelling nature as determined by NRCS that demonstrates the technical service provider's inability to fulfill the terms of the Certification Agreement or provide technical services under this part. | |||
| 7:7:6.1.3.6.21.3.1.3 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.33 Notice of proposed decertification. | NRCS | The State Conservationist will send by certified mail, return receipt requested, to the technical service provider proposed for decertification a written Notice of Proposed Decertification, which will contain the cause(s) for decertification, as well as any documentation supporting decertification. In cases where a private sector entity or public agency is being notified of a proposed decertification, any certified individuals working under the auspices of such organization who are also being considered for decertification will receive a separate Notice of Decertification and will be afforded separate appeal rights following the process set forth below. | ||||
| 7:7:6.1.3.6.21.3.1.4 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.34 Opportunity to contest decertification. | NRCS | [79 FR 44640, Aug. 1, 2014] | To contest decertification, the technical service provider must submit in writing to the Deputy Chief for Programs, within 20 calendar days from the date of receipt of the Notice of Proposed Decertification, the reasons why the Deputy Chief for Programs should not decertify, including any mitigating factors as well as any supporting documentation. | |||
| 7:7:6.1.3.6.21.3.1.5 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.35 Deputy Chief of Programs decision. | NRCS | [79 FR 44640, Aug. 1, 2014] | Within 40 calendar days from the date of the notice of proposed decertification, the Deputy Chief for Programs will issue a written determination. If the Deputy Chief for Programs decides to decertify, the decision will set forth the reasons for decertification, the period of decertification, and the scope of decertification. If the Deputy Chief for Programs decides not to decertify the technical service provider, the technical service provider will be given written notice of that determination. The decertification determination will be based on an administrative record, which will be comprised of the Notice of Proposed Decertification and supporting documents, and if submitted, the technical service provider's written response and supporting documentation. Both a copy of the decision and administrative record will be sent promptly by certified mail, return receipt requested, to the technical service provider. | |||
| 7:7:6.1.3.6.21.3.1.6 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.36 Appeal of decertification decisions. | NRCS | [75 FR 6845, Feb. 12, 2010, as amended at 79 FR 44640, Aug. 1, 2014] | (a) Within 20 calendar days from the date of receipt of the Deputy Chief for Program's decertification determination, the technical service provider may appeal in writing to the NRCS Chief. The written appeal must state the reasons for appeal and any arguments in support of those reasons. If the technical service provider fails to appeal, the decision of the Deputy Chief for Programs is final. (b) Final decision. Within 30 calendar days of receipt of the technical service provider's written appeal, the Chief or his designee, will make a final determination, in writing, based upon the administrative record and any additional information submitted to the Chief by the technical service provider. The decision of the Chief, or his designee, is final and not subject to further administrative review. The Chief's determination will include the reasons for decertification, the period of decertification, and the scope of decertification. | |||
| 7:7:6.1.3.6.21.3.1.7 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.37 Period of decertification. | NRCS | [75 FR 6845, Feb. 12, 2010, as amended at 79 FR 44640, Aug. 1, 2014] | The period of decertification will not exceed 3 years in duration and will be decided by the decertifying official, either the Deputy Chief for Programs or the Chief of NRCS, as applicable, based on their weighing of all relevant facts and the seriousness of the reasons for decertification, mitigating factors, if any, and the following general guidelines: (a) For failures in the provision of technical service for which there are no mitigating factors, e.g. , no remedial action by the technical service provider, a maximum period of three years decertification; (b) For repeated failures in the provision of technical assistance for which there are mitigating factors, e.g. , the technical service provider has taken remedial action to the satisfaction of NRCS, a maximum period of one to two years decertification; and (c) For a violation of Certification Agreement terms, e.g. , failure to possess technical competency for a listed practice, a period of one year or less, if the technical service provider can master such competency within a year period. | |||
| 7:7:6.1.3.6.21.3.1.8 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.38 Scope of decertification. | NRCS | [75 FR 6845, Feb. 12, 2010, as amended at 79 FR 44640, Aug. 1, 2014] | (a) When the technical service provider is a private sector entity or public agency, the decertifying official may decertify the entire organization, including all the individuals identified as authorized to provide technical services under the auspices of such organization. The decertifying official may also limit the scope of decertification, for example, to one or more specifically named individuals identified as authorized to provide technical services under the organization's auspices or to an organizational element of such private sector entity or public agency. The scope of decertification will be set forth in the decertification determination and will be based upon the facts of each decertification action, including whether actions of particular individuals can be imputed to the larger organization. (b) In cases where specific individuals are decertified only, an entity or public agency must file within 10 calendar days an amended Certification Agreement removing the decertified individual(s) from the Certification Agreement. In addition, the entity or public agency must demonstrate that, to the satisfaction of the Deputy Chief for Programs, the entity or public agency has taken affirmative steps to ensure that the circumstances resulting in decertification have been addressed. | |||
| 7:7:6.1.3.6.21.3.1.9 | 7 | Agriculture | VI | F | 652 | PART 652—TECHNICAL SERVICE PROVIDER ASSISTANCE | C | Subpart C—Decertification | § 652.39 Mitigating factors. | NRCS | In considering whether to decertify, the period of decertification, and scope of decertification, the deciding official will take into consideration any mitigating factors. Examples of mitigating factors include, but are not limited to the following: (a) The technical service provider worked, in a timely manner, to correct any deficiencies in the provision of technical service; (b) The technical service provider took the initiative to bring any deficiency in the provision of their technical services to the attention of NRCS and sought NRCS advice to remediate the situation; and (c) The technical service provider took affirmative steps to prevent any failures in the provision of technical services from occurring in the future. |
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