cfr_sections
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45 rows where part_number = 679 and title_number = 20 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 |
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| 20:20:4.0.1.1.8.1.5.1 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.100 What is the purpose of the State Workforce Development Board? | DOL | The purpose of the State Workforce Development Board (WDB) is to convene State, regional, and local workforce system and partners, to— (a) Enhance the capacity and performance of the workforce development system; (b) Align and improve the outcomes and effectiveness of Federally-funded and other workforce programs and investments; and (c) Through these efforts, promote economic growth. (d) Engage public workforce system representatives, including businesses, education providers, economic development, labor representatives, and other stakeholders to help the workforce development system achieve the purpose of the Workforce Innovation and Opportunity Act (WIOA); and (e) Assist to achieve the State's strategic and operational vision and goals as outlined in the State Plan. | |||||
| 20:20:4.0.1.1.8.1.5.2 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.110 What is the State Workforce Development Board? | DOL | (a) The State WDB is a board established by the Governor in accordance with the requirements of WIOA sec. 101 and this section. (b) The membership of the State WDB must meet the requirements of WIOA sec. 101(b) and must represent diverse geographic areas of the State, including urban, rural, and suburban areas. The WDB membership must include: (1) The Governor; (2) A member of each chamber of the State legislature, appointed by the appropriate presiding officers of such chamber, as appropriate under State law; and (3) Members appointed by the Governor, which must include: (i) A majority of representatives of businesses or organizations in the State who: (A) Are the owner or chief executive officer for the business or organization, or is an executive with the business or organization with optimum policy-making or hiring authority, and also may be members of a Local WDB as described in WIOA sec. 107(b)(2)(A)(i); (B) Represent businesses, or organizations that represent businesses described in paragraph (b)(3)(i) of this section, that, at a minimum, provide employment and training opportunities that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and (C) Are appointed from a list of potential members nominated by State business organizations and business trade associations; and (D) At a minimum, one member representing small businesses as defined by the U.S. Small Business Administration. (ii) Not less than 20 percent who are representatives of the workforce within the State, which: (A) Must include two or more representatives of labor organizations nominated by State labor federations; (B) Must include one representative who must be a member of a labor organization or training director from a joint labor-management registered apprenticeship program, or, if no such joint program exists in the State, a member of a labor organization or training director who is a representative of an registered apprenticeship program; (C) May include … | |||||
| 20:20:4.0.1.1.8.1.5.3 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.120 What is meant by the terms “optimum policy-making authority” and “demonstrated experience and expertise”? | DOL | For purposes of § 679.110: (a) A representative with “optimum policy-making authority” is an individual who can reasonably be expected to speak affirmatively on behalf of the entity he or she represents and to commit that entity to a chosen course of action. (b) A representative with “demonstrated experience and expertise” means an individual with documented leadership in developing or implementing workforce development, human resources, training and development, or a core program function. Demonstrated experience and expertise may include individuals with experience in education or training of job seekers with barriers to employment as described in § 679.110(b)(3)(ii)(C) and (D). | |||||
| 20:20:4.0.1.1.8.1.5.4 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.130 What are the functions of the State Workforce Development Board? | DOL | Under WIOA sec. 101(d), the State WDB must assist the Governor in the: (a) Development, implementation, and modification of the 4-year State Plan; (b) Review of statewide policies, programs, and recommendations on actions that must be taken by the State to align workforce development programs to support a comprehensive and streamlined workforce development system. Such review of policies, programs, and recommendations must include a review and provision of comments on the State Plans, if any, for programs and activities of one-stop partners that are not core programs; (c) Development and continuous improvement of the workforce development system, including— (1) Identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among programs and activities; (2) Development of strategies to support career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment, including individuals with disabilities, with workforce investment activities, education, and supportive services to enter or retain employment; (3) Development of strategies to provide effective outreach to and improved access for individuals and employers who could benefit from workforce development system; (4) Development and expansion of strategies to meet the needs of employers, workers, and job seekers particularly through industry or sector partnerships related to in-demand industry sectors and occupations; (5) Identification of regions, including planning regions for the purposes of WIOA sec. 106(a), and the designation of local areas under WIOA sec. 106, after consultation with Local WDBs and chief elected officials; (6) Development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to Local WDBs, one-stop operators, one-stop partners, and providers. Such assistance includes assistance with planning and delivering services, including training and supportive services, t… | |||||
| 20:20:4.0.1.1.8.1.5.5 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.140 How does the State Workforce Development Board meet its requirement to conduct business in an open manner under the “sunshine provision” of the Workforce Innovation and Opportunity Act? | DOL | (a) The State WDB must conduct business in an open manner as required by WIOA sec. 101(g). (b) The State WDB must make available to the public, on a regular basis through electronic means and open meetings, information about the activities and functions of the State WDB, including: (1) The State Plan, or modification to the State Plan, prior to submission of the State Plan or modification of the State Plan; (2) Information regarding membership; (3) Minutes of formal meetings of the State WDB upon request; (4) State WDB by-laws as described at § 679.110(d). | |||||
| 20:20:4.0.1.1.8.1.5.6 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.150 Under what circumstances may the Governor select an alternative entity in place of the State Workforce Development Board? | DOL | (a) The State may use any State entity that meets the requirements of WIOA sec. 101(e) to perform the functions of the State WDB. This may include: (1) A State council; (2) A State WDB within the meaning of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of WIOA; or (3) A combination of regional WDBs or similar entity. (b) If the State uses an alternative entity, the State Plan must demonstrate that the alternative entity meets all three of the requirements of WIOA sec. 101(e)(1): (1) Was in existence on the day before the date of enactment of the Workforce Investment Act of 1998 (WIA); (2) Is substantially similar to the State WDB described in WIOA secs. 101(a)-(c) and § 679.110; and (3) Includes representatives of business and labor organizations in the State. (c) If the alternative entity does not provide representatives for each of the categories required under WIOA sec. 101(b), the State Plan must explain the manner in which the State will ensure an ongoing role for any unrepresented membership group in the workforce development system. The State WDB must maintain an ongoing and meaningful role for an unrepresented membership group, including entities carrying out the core programs, by such methods as: (1) Regularly scheduled consultations with entities within the unrepresented membership groups; (2) Providing an opportunity for input into the State Plan or other policy development by unrepresented membership groups; and (3) Establishing an advisory committee of unrepresented membership groups. (d) In parts 675 through 687 of this chapter, all references to the State WDB also apply to an alternative entity used by a State. | |||||
| 20:20:4.0.1.1.8.1.5.7 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | A | Subpart A—State Workforce Development Board | § 679.160 Under what circumstances may the State Workforce Development Board hire staff? | DOL | (a) The State WDB may hire a director and other staff to assist in carrying out the functions described in WIOA sec. 101(d) and § 679.130 using funds described in WIOA sec. 129(b)(3) or sec. 134(a)(3)(B)(i). (b) The State WDB must establish and apply a set of objective qualifications for the position of director that ensures the individual selected has the requisite knowledge, skills, and abilities to meet identified benchmarks and to assist in effectively carrying out the functions of the State WDB. (c) The director and staff must be subject to the limitations on the payment of salary and bonuses described in WIOA sec. 194(15). | |||||
| 20:20:4.0.1.1.8.2.5.1 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.200 What is the purpose of requiring States to identify regions? | DOL | The purpose of identifying regions is to align workforce development activities and resources with larger regional economic development areas and available resources to provide coordinated and efficient services to both job seekers and employers. | |||||
| 20:20:4.0.1.1.8.2.5.10 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.290 What right does an entity have to appeal the Governor's decision rejecting a request for designation as a workforce development area? | DOL | (a) A unit of local government (or combination of units) or a local area which has requested but has been denied its request for designation as a workforce development area under § 679.250 may appeal the decision to the State WDB, in accordance with appeal procedures established in the State Plan and § 683.630(a) of this chapter. (b) If a decision on the appeal is not rendered in a timely manner or if the appeal to the State WDB does not result in designation, the entity may request review by the Secretary of Labor, under the procedures set forth at § 683.640 of this chapter. | |||||
| 20:20:4.0.1.1.8.2.5.2 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.210 What are the requirements for identifying a region? | DOL | (a) The Governor must assign local areas to a region prior to submission of the State Unified or Combined Plan, in order for the State to receive WIOA title I, subtitle B adult, dislocated worker, and youth allotments. (b) The Governor must develop a policy and process for identifying regions. Such policy must include: (1) Consultation with the Local WDBs and chief elected officials (CEOs) in the local area(s) as required in WIOA sec. 102(b)(2)(D)(i)(II) and WIOA sec. 106(a)(1); and (2) Consideration of the extent to which the local areas in a proposed region: (i) Share a single labor market; (ii) Share a common economic development area; and (iii) Possess the Federal and non-Federal resources, including appropriate education and training institutions, to administer activities under WIOA subtitle B. (c) In addition to the required criteria described in paragraph (b)(2) of this section, other factors the Governor also may consider include: (1) Population centers; (2) Commuting patterns; (3) Land ownership; (4) Industrial composition; (5) Location quotients; (6) Labor force conditions; (7) Geographic boundaries; and (8) Additional factors as determined by the Secretary. (d) Regions must consist of: (1) One local area; (2) Two or more contiguous local areas in a single State; or (3) Two or more contiguous local areas in two or more States. (e) Planning regions are those regions described in paragraph (d)(2) or (3) of this section. Planning regions are subject to the regional planning requirements in § 679.510. | |||||
| 20:20:4.0.1.1.8.2.5.3 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.220 What is the purpose of the local area? | DOL | (a) The purpose of a local area is to serve as a jurisdiction for the administration of workforce development activities and execution of adult, dislocated worker, and youth funds allocated by the State. Such areas may be aligned with a region identified in WIOA sec. 106(a)(1) or may be components of a planning region, each with its own Local WDB. Also, significantly, local areas are the areas within which Local WDBs oversee their functions, including strategic planning, operational alignment and service delivery design, and a jurisdiction where partners align resources at a sub-State level to design and implement overall service delivery strategies. (b) The Governor must designate local areas (local areas) in order for the State to receive adult, dislocated worker, and youth funding under title I, subtitle B of WIOA. | |||||
| 20:20:4.0.1.1.8.2.5.4 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.230 What are the general procedural requirements for designation of local areas? | DOL | As part of the process of designating or redesignating a local area, the Governor must develop a policy for designation of local areas that must include: (a) Consultation with the State WDB; (b) Consultation with the chief elected officials and affected Local WDBs; and (c) Consideration of comments received through a public comment process which must: (1) Offer adequate time for public comment prior to designation of the local area; and (2) Provide an opportunity for comment by representatives of Local WDBs, chief elected officials, businesses, institutions of higher education, labor organizations, other primary stakeholders, and the general public regarding the designation of the local area. | |||||
| 20:20:4.0.1.1.8.2.5.5 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.240 What are the substantive requirements for designation of local areas that were not designated as local areas under the Workforce Investment Act of 1998? | DOL | (a) Except as provided in § 679.250, the Governor may designate or redesignate a local area in accordance with policies and procedures developed by the Governor, which must include at a minimum consideration of the extent to which the proposed area: (1) Is consistent with local labor market areas; (2) Has a common economic development area; and (3) Has the Federal and non-Federal resources, including appropriate education and training institutions, to administer activities under WIOA subtitle B. (b) The Governor may approve a request at any time for designation as a workforce development area from any unit of general local government, including a combination of such units, if the State WDB determines that the area meets the requirements of paragraph (a)(1) of this section and recommends designation. (c) Regardless of whether a local area has been designated under this section or § 679.250, the Governor may redesignate a local area if the redesignation has been requested by a local area and the Governor approves the request. | |||||
| 20:20:4.0.1.1.8.2.5.6 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.250 What are the requirements for initial and subsequent designation of workforce development areas that had been designated as local areas under the Workforce Investment Act of 1998? | DOL | (a) If the chief elected official and Local WDB in a local area submits a request for initial designation, the Governor must approve the request if, for the 2 program years preceding the date of enactment of WIOA, the following criteria are met: (1) The local area was designated as a local area for purposes of WIA; (2) The local area performed successfully; and (3) The local area sustained fiscal integrity. (b) Subject to paragraph (c) of this section, after the period of initial designation, if the chief elected official and Local WDB in a local area submits a request for subsequent designation, the Governor must approve the request if the following criteria are met for the 2 most recent program years of initial designation: (1) The local area performed successfully; (2) The local area sustained fiscal integrity; and (3) In the case of a local area in a planning region, the local area met the regional planning requirements described in WIOA sec. 106(c)(1). (c) No determination of subsequent eligibility may be made before the conclusion of Program Year (PY) 2017. (d) The Governor: (1) May review a local area designated under paragraph (b) of this section at any time to evaluate whether that the area continues to meet the requirements for subsequent designation under that paragraph; and (2) Must review a local area designated under paragraph (b) of this section before submitting its State Plan during each 4-year State planning cycle to evaluate whether the area continues to meet the requirements for subsequent designation under that paragraph. (e) For purposes of subsequent designation under paragraphs (b) and (d) of this section, the local area and chief elected official must be considered to have requested continued designation unless the local area and chief elected official notify the Governor that they no longer seek designation. (f) Local areas designated under § 679.240 or States designated as single-area States under § 679.270 are not subject to the requirements described in paragraph (b) of t… | |||||
| 20:20:4.0.1.1.8.2.5.7 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.260 What do the terms “performed successfully” and “sustained fiscal integrity” mean for purposes of designating local areas? | DOL | (a) For the purpose of initial local area designation, the term “performed successfully” means that the local area met or exceeded the levels of performance the Governor negotiated with the Local WDB and chief elected official under WIA sec. 136(c) for the last 2 full program years before the enactment of WIOA, and that the local area has not failed any individual measure for the last 2 consecutive program years before the enactment of WIOA. (b) For the purpose of determining subsequent local area designation, the term “performed successfully” means that the local area met or exceeded the levels of performance the Governor negotiated with the Local WDB and chief elected official for core indicators of performance as provided in paragraphs (b)(1) and (2) of this section as appropriate, and that the local area has not failed any individual measure for the last 2 consecutive program years in accordance with a State-established definition, provided in the State Plan, of met or exceeded performance. (1) For subsequent designation determinations made at the conclusion of PY 2017, a finding of whether a local area performed successfully must be limited to having met or exceeded the negotiated levels for the Employment Rate 2nd Quarter after Exit and the Median Earnings indicators of performance, as described at § 677.155(a)(1)(i) and (iii) of this chapter respectively, for PY 2016 and PY 2017. (2) For subsequent designation determinations made at the conclusion of PY 2018, or at any point thereafter, a finding of whether a local area performed successfully must be based on all six of the WIOA indicators of performance as described at § 677.155(a)(1)(i) through (vi) of this chapter for the 2 most recently completed program years. (c) For the purpose of determining initial and subsequent local area designation under § 679.250(a) and (b), the term “sustained fiscal integrity” means that the Secretary has not made a formal determination that either the grant recipient or the administrative entity of the area misexpended… | |||||
| 20:20:4.0.1.1.8.2.5.8 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.270 What are the special designation provisions for single-area States? | DOL | (a) The Governor of any State that was a single-State local area under the WIA as in effect on July 1, 2013 may designate the State as a single-State local area under WIOA. (b) The Governor of a State local area under paragraph (a) of this section who seeks to designate the State as a single-State local area under WIOA must: (1) Identify the State as a single-area State in the Unified or Combined State Plan; and (2) Include the local plan for approval as part of the Unified or Combined State Plan. (c) The State WDB for a single-area State must act as the Local WDB and carry out the functions of the Local WDB in accordance with WIOA sec. 107 and § 679.370, except that the State is not required to meet and report on a set of local performance accountability measures. (d) Single-area States must conduct the functions of the Local WDB as outlined in paragraph (c) of this section to achieve the incorporation of local interests but may do so in a manner that reduces unnecessary burden and duplication of processes. (e) States must carry out the duties of State and Local WDBs in accordance with guidance issued by the Secretary of Labor. | |||||
| 20:20:4.0.1.1.8.2.5.9 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | B | Subpart B—Workforce Innovation and Opportunity Act Local Governance (Workforce Development Areas) | § 679.280 How does the State fulfill the requirement to provide assistance to local areas within a planning region that wish to redesignate into a single local area? | DOL | (a) When the chief elected officials and Local WDBs of each local area within a planning region make a request to the Governor to redesignate into a single local area, the State WDB must authorize statewide adult, dislocated worker, and youth program funds to facilitate such redesignation. (b) When statewide funds are not available, the State may provide funds for redesignation in the next available program year. (c) Redesignation activities that may be carried out by the local areas include: (1) Convening sessions and conferences; (2) Renegotiation of contracts and agreements; and (3) Other activities directly associated with the redesignation as deemed appropriate by the State WDB. | |||||
| 20:20:4.0.1.1.8.3.5.1 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.300 What is the vision and purpose of the Local Workforce Development Board? | DOL | (a) The vision for the Local WDB is to serve as a strategic leader and convener of local workforce development system stakeholders. The Local WDB partners with employers and the workforce development system to develop policies and investments that support public workforce system strategies that support regional economies, the development of effective approaches including local and regional sector partnerships and career pathways, and high quality, customer centered service delivery and service delivery approaches; (b) The purpose of the Local WDB is to— (1) Provide strategic and operational oversight in collaboration with the required and additional partners and workforce stakeholders to help develop a comprehensive and high-quality workforce development system in the local area and larger planning region; (2) Assist in the achievement of the State's strategic and operational vision and goals as outlined in the Unified State Plan or Combined State Plan; and (3) Maximize and continue to improve the quality of services, customer satisfaction, effectiveness of the services provided. | |||||
| 20:20:4.0.1.1.8.3.5.10 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.390 How does the Local Workforce Development Board meet its requirement to conduct business in an open manner under the “sunshine provision” of the Workforce Innovation and Opportunity Act? | DOL | The Local WDB must conduct its business in an open manner as required by WIOA sec. 107(e), by making available to the public, on a regular basis through electronic means and open meetings, information about the activities of the Local WDB. This includes: (a) Information about the Local Plan, or modification to the Local Plan, before submission of the plan; (b) List and affiliation of Local WDB members; (c) Selection of one-stop operators; (d) Award of grants or contracts to eligible training providers of workforce investment activities including providers of youth workforce investment activities; (e) Minutes of formal meetings of the Local WDB; and (f) Local WDB by-laws, consistent with § 679.310(g). | |||||
| 20:20:4.0.1.1.8.3.5.11 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.400 Who are the staff to the Local Workforce Development Board and what is their role? | DOL | (a) WIOA sec. 107(f) grants Local WDBs authority to hire a director and other staff to assist in carrying out the functions of the Local WDB. (b) Local WDBs must establish and apply a set of qualifications for the position of director that ensures the individual selected has the requisite knowledge, skills, and abilities to meet identified benchmarks and to assist in carrying out the functions of the Local WDB. (c) The Local WDB director and staff must be subject to the limitations on the payment of salary and bonuses described in WIOA sec. 194(15). (d) In general, Local WDB staff only may assist the Local WDB fulfill the required functions at WIOA sec. 107(d). (e) Should the WDB select an entity to staff the WDB that provides additional workforce functions beyond the functions described at WIOA sec. 107(d), such an entity is required to enter into a written agreement with the Local WDB and chief elected official(s) to clarify their roles and responsibilities as required by § 679.430. | |||||
| 20:20:4.0.1.1.8.3.5.12 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.410 Under what conditions may a Local Workforce Development Board directly be a provider of career services, or training services, or act as a one-stop operator? | DOL | (a)(1) A Local WDB may be selected as a one-stop operator: (i) Through sole source procurement in accordance with § 678.610 of this chapter; or (ii) Through successful competition in accordance with § 678.615 of this chapter. (2) The chief elected official in the local area and the Governor must agree to the selection described in paragraph (a)(1) of this section. (3) Where a Local WDB acts as a one-stop operator, the State must ensure certification of one-stop centers in accordance with § 678.800 of this chapter. (b) A Local WDB may act as a provider of career services only with the agreement of the chief elected official in the local area and the Governor. (c) A Local WDB is prohibited from providing training services, unless the Governor grants a waiver in accordance with the provisions in WIOA sec. 107(g)(1). (1) The State must develop a procedure for approving waivers that includes the criteria at WIOA sec. 107(g)(1)(B)(i): (i) Satisfactory evidence that there is an insufficient number of eligible training providers of such a program of training services to meet local demand in the local area; (ii) Information demonstrating that the WDB meets the requirements for eligible training provider services under WIOA sec. 122; and (iii) Information demonstrating that the program of training services prepares participants for an in-demand industry sector or occupation in the local area. (2) The local area must make the proposed request for a waiver available to eligible training providers and other interested members of the public for a public comment period of not less than 30 days and includes any comments received during this time in the final request for the waiver. (3) The waiver must not exceed the duration of the local plan and may be renewed by submitting a new waiver request consistent with paragraphs (c)(1) and (2) of this section for additional periods, not to exceed the durations of such subsequent plans. (4) The Governor may revoke the waiver if the Governor determines the waiver is no longe… | |||||
| 20:20:4.0.1.1.8.3.5.13 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.420 What are the functions of the local fiscal agent? | DOL | (a) In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local fiscal agent. Designation of a fiscal agent does not relieve the chief elected official or Governor of liability for the misuse of grant funds. If the CEO designates a fiscal agent, the CEO must ensure this agent has clearly defined roles and responsibilities. (b) In general the fiscal agent is responsible for the following functions: (1) Receive funds. (2) Ensure sustained fiscal integrity and accountability for expenditures of funds in accordance with Office of Management and Budget circulars, WIOA and the corresponding Federal Regulations and State policies. (3) Respond to audit financial findings. (4) Maintain proper accounting records and adequate documentation. (5) Prepare financial reports. (6) Provide technical assistance to subrecipients regarding fiscal issues. (c) At the direction of the Local WDB or the State WDB in single-area States, the fiscal agent may have the following additional functions: (1) Procure contracts or obtain written agreements. (2) Conduct financial monitoring of service providers. (3) Ensure independent audit of all employment and training programs. | |||||
| 20:20:4.0.1.1.8.3.5.14 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.430 How do entities performing multiple functions in a local area demonstrate internal controls and prevent conflict of interest? | DOL | Local organizations often function simultaneously in a variety of roles, including local fiscal agent, Local WDB staff, one-stop operator, and direct provider of services. Any organization that has been selected or otherwise designated to perform more than one of these functions must develop a written agreement with the Local WDB and CEO to clarify how the organization will carry out its responsibilities while demonstrating compliance with WIOA and corresponding regulations, relevant Office of Management and Budget circulars, and the State's conflict of interest policy. | |||||
| 20:20:4.0.1.1.8.3.5.2 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.310 What is the Local Workforce Development Board? | DOL | (a) The Local WDB is appointed by the chief elected official(s) in each local area in accordance with State criteria established under WIOA sec. 107(b), and is certified by the Governor every 2 years, in accordance with WIOA sec. 107(c)(2). (b) In partnership with the chief elected official(s), the Local WDB sets policy for the portion of the statewide workforce development system within the local area and consistent with State policies. (c) The Local WDB and the chief elected official(s) may enter into an agreement that describes the respective roles and responsibilities of the parties. (d) The Local WDB, in partnership with the chief elected official(s), develops the local plan and performs the functions described in WIOA sec. 107(d) and § 679.370. (e) If a local area includes more than one unit of general local government in accordance with WIOA sec. 107(c)(1)(B), the chief elected officials of such units may execute an agreement to describe their responsibilities for carrying out the roles and responsibilities. If the chief elected officials are unable to reach agreement after a reasonable effort, the Governor may appoint the members of the Local WDB from individuals nominated or recommended as specified in WIOA sec. 107(b). (f) If the State Plan indicates that the State will be treated as a local area under WIOA, the State WDB must carry out the roles of the Local WDB in accordance with WIOA sec. 107, except that the State is not required to meet and report on a set of local performance accountability measures. (g) The CEO must establish by-laws, consistent with State policy for Local WDB membership, that at a minimum address: (1) The nomination process used by the CEO to select the Local WDB chair and members; (2) The term limitations and how the term appointments will be staggered to ensure only a portion of membership expire in a given year; (3) The process to notify the CEO of a WDB member vacancy to ensure a prompt nominee; (4) The proxy and alternative designee process that will be used when … | |||||
| 20:20:4.0.1.1.8.3.5.3 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.320 Who are the required members of the Local Workforce Development Board? | DOL | (a) For each local area in the State, the members of Local WDB must be selected by the chief elected official consistent with criteria established under WIOA sec. 107(b)(1) and criteria established by the Governor, and must meet the requirements of WIOA sec. 107(b)(2). (b) A majority of the members of the Local WDB must be representatives of business in the local area. At a minimum, two members must represent small business as defined by the U.S. Small Business Administration. Business representatives serving on Local WDBs also may serve on the State WDB. Each business representative must meet the following criteria: (1) Be an owner, chief executive officer, chief operating officer, or other individual with optimum policy-making or hiring authority; and (2) Provide employment opportunities in in-demand industry sectors or occupations, as those terms are defined in WIOA sec. 3(23). (c) At least 20 percent of the members of the Local WDB must be workforce representatives. These representatives: (1) Must include two or more representatives of labor organizations, where such organizations exist in the local area. Where labor organizations do not exist, representatives must be selected from other employee representatives; (2) Must include one or more representatives of a joint labor-management, or union affiliated, registered apprenticeship program within the area who must be a training director or a member of a labor organization. If no union affiliated registered apprenticeship programs exist in the area, a representative of a registered apprenticeship program with no union affiliation must be appointed, if one exists; (3) May include one or more representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training or education needs of individuals with barriers to employment, including organizations that serve veterans or provide or support competitive integrated employment for individuals with disabilities; and (4) May include one or more re… | |||||
| 20:20:4.0.1.1.8.3.5.4 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.330 Who must chair a Local Workforce Development Board? | DOL | The Local WDB must elect a chairperson from among the business representatives on the WDB. | |||||
| 20:20:4.0.1.1.8.3.5.5 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.340 What is meant by the terms “optimum policy-making authority” and “demonstrated experience and expertise”? | DOL | For purposes of selecting representatives to Local WDBs: (a) A representative with “optimum policy-making authority” is an individual who can reasonably be expected to speak affirmatively on behalf of the entity he or she represents and to commit that entity to a chosen course of action. (b) A representative with “demonstrated experience and expertise” means an individual who: (1) Is a workplace learning advisor as defined in WIOA sec. 3(70); (2) Contributes to the field of workforce development, human resources, training and development, or a core program function; or (3) The Local WDB recognizes for valuable contributions in education or workforce development related fields. | |||||
| 20:20:4.0.1.1.8.3.5.6 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.350 What criteria will be used to establish the membership of the Local Workforce Development Board? | DOL | The Local WDB is appointed by the chief elected official(s) in the local area in accordance with State criteria established under WIOA sec. 107(b), and is certified by the Governor every 2 years, in accordance with WIOA sec. 107(c)(2). | |||||
| 20:20:4.0.1.1.8.3.5.7 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.360 What is a standing committee, and what is its relationship to the Local Workforce Development Board? | DOL | (a) Standing committees may be established by the Local WDB to provide information and assist the Local WDB in carrying out its responsibilities under WIOA sec. 107. Standing committees must be chaired by a member of the Local WDB, may include other members of the Local WDB, and must include other individuals appointed by the Local WDB who are not members of the Local WDB and who have demonstrated experience and expertise in accordance with § 679.340(b) and as determined by the Local WDB. Standing committees may include each of the following: (1) A standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system, which may include representatives of the one-stop partners. (2) A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth, which must include community-based organizations with a demonstrated record of success in serving eligible youth. (3) A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including issues relating to compliance with WIOA sec. 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq. ) regarding providing programmatic and physical access to the services, programs, and activities of the one-stop delivery system, as well as appropriate training for staff on providing supports for or accommodations to, and finding employment opportunities for, individuals with disabilities. (b) The Local WDB may designate other standing committees in addition to those specified in paragraph (a) of this section. (c) Local WDBs may designate an entity in existence as of the date of the enactment of WIOA, such as an effective youth council, to serve as a standing committee as long as the entity meets the requirements of WIOA sec. 107(b)(4). | |||||
| 20:20:4.0.1.1.8.3.5.8 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.370 What are the functions of the Local Workforce Development Board? | DOL | As provided in WIOA sec. 107(d), the Local WDB must: (a) Develop and submit a 4-year local plan for the local area, in partnership with the chief elected official and consistent with WIOA sec. 108; (b) If the local area is part of a planning region that includes other local areas, develop and submit a regional plan in collaboration with other local areas. If the local area is part of a planning region, the local plan must be submitted as a part of the regional plan; (c) Conduct workforce research and regional labor market analysis to include: (1) Analyses and regular updates of economic conditions, needed knowledge and skills, workforce, and workforce development (including education and training) activities to include an analysis of the strengths and weaknesses (including the capacity to provide) of such services to address the identified education and skill needs of the workforce and the employment needs of employers; (2) Assistance to the Governor in developing the statewide workforce and labor market information system under the Wagner-Peyser Act for the region; and (3) Other research, data collection, and analysis related to the workforce needs of the regional economy as the WDB, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions; (d) Convene local workforce development system stakeholders to assist in the development of the local plan under § 679.550 and in identifying non-Federal expertise and resources to leverage support for workforce development activities. Such stakeholders may assist the Local WDB and standing committees in carrying out convening, brokering, and leveraging functions at the direction of the Local WDB; (e) Lead efforts to engage with a diverse range of employers and other entities in the region in order to: (1) Promote business representation (particularly representatives with optimum policy-making or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities i… | |||||
| 20:20:4.0.1.1.8.3.5.9 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | C | Subpart C—Local Workforce Development Boards | § 679.380 How does the Local Workforce Development Board satisfy the consumer choice requirements for career services and training services? | DOL | (a) In accordance with WIOA sec. 122 and in working with the State, the Local WDB satisfies the consumer choice requirement for training services by: (1) Determining the initial eligibility of entities providing a program of training services, renewing the eligibility of providers, and considering the possible termination of an eligible training provider due to the provider's submission of inaccurate eligibility and performance information or the provider's substantial violation of WIOA; (2) Working with the State to ensure there are sufficient numbers and types of providers of training services, including eligible training providers with expertise in assisting individuals with disabilities and eligible training providers with expertise in assisting adults in need of adult education and literacy activities described under WIOA sec. 107(d)(10)(E), serving the local area; (3) Ensuring the dissemination and appropriate use of the State list through the local one-stop delivery system; (4) Receiving performance and cost information from the State and disseminating this information through the one-stop delivery systems within the State; and (5) Providing adequate access to services for individuals with disabilities. (b) Working with the State, the Local WDB satisfies the consumer choice requirement for career services by: (1) Determining the career services that are best performed by the one-stop operator consistent with §§ 678.620 and 678.625 of this chapter and career services that require contracting with a career service provider; and (2) Identifying a wide-array of potential career service providers and awarding contracts where appropriate including to providers to ensure: (i) Sufficient access to services for individuals with disabilities, including opportunities that lead to integrated, competitive employment for individuals with disabilities; and (ii) Sufficient access for adult education and literacy activities. | |||||
| 20:20:4.0.1.1.8.4.5.1 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.500 What is the purpose of the regional and local plan? | DOL | (a) The local plan serves as 4-year action plan to develop, align, and integrate service delivery strategies and to support the State's vision and strategic and operational goals. The local plan sets forth the strategy to: (1) Direct investments in economic, education, and workforce training programs to focus on providing relevant education and training to ensure that individuals, including youth and individuals with barriers to employment, have the skills to compete in the job market and that employers have a ready supply of skilled workers; (2) Apply job-driven strategies in the one-stop delivery system; (3) Enable economic, education, and workforce partners to build a skilled workforce through innovation in, and alignment of, employment, training, and education programs; and (4) Incorporate the local plan into the regional plan per § 679.540. (b) In the case of planning regions, a regional plan is required to meet the purposes described in paragraph (a) of this section and to coordinate resources among multiple WDBs in a region. (c) The Governor must establish and disseminate to Local WDBs and regional planning areas a policy for the submission of local and regional plans. The policy must set a deadline for the submission of the regional and local plans that accounts for the activities required in plan development outlined in §§ 679.510 and 679.550. | |||||
| 20:20:4.0.1.1.8.4.5.2 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.510 What are the requirements for regional planning? | DOL | (a) Local WDBs and chief elected officials within an identified planning region (as defined in WIOA secs. 106(a)(2)(B)-(C) and § 679.200) must: (1) Participate in a regional planning process that results in: (i) The preparation of a regional plan, as described in paragraph (a)(2) of this section and consistent with any guidance issued by the Department; (ii) The establishment of regional service strategies, including use of cooperative service delivery agreements; (iii) The development and implementation of sector initiatives for in-demand industry sectors or occupations for the planning region; (iv) The collection and analysis of regional labor market data (in conjunction with the State) which must include the local planning requirements at § 679.560(a)(1)(i) and (ii); (v) The coordination of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate; (vi) The coordination of transportation and other supportive services as appropriate; (vii) The coordination of services with regional economic development services and providers; and (viii) The establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with the Governor on local levels of performance for, and report on, the performance accountability measures described in WIOA sec. 116(c) for local areas or the planning region. (2) Prepare, submit, and obtain approval of a single regional plan that: (i) Includes a description of the activities described in paragraph (a)(1) of this section; and (ii) Incorporates local plans for each of the local areas in the planning region, consistent with § 679.540(a). (b) Consistent with § 679.550(b), the Local WDBs representing each local area in the planning region must provide an opportunity for public comment on the development of the regional plan or subsequent plan modifications before submitting the plan to the Governor. To provide adequate opportunity for public comment, the Local WDBs must: (1) Make copies … | |||||
| 20:20:4.0.1.1.8.4.5.3 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.520 What are the requirements for approval of a regional plan? | DOL | Consistent with the requirements of § 679.570, the Governor must review completed plans (including a modification to the plan). Such plans will be considered approved 90 days after receipt of the plan unless the Governor determines in writing that: (a) There are deficiencies in workforce investment activities that have been identified through audits and the local area has not made acceptable progress in implementing plans to address deficiencies; or (b) The plan does not comply with applicable provisions of WIOA and the WIOA regulations, including the required consultations and public comment provisions, and the nondiscrimination requirements of 29 CFR part 38. (c) The plan does not align with the State Plan, including with regard to the alignment of the core programs to support the strategy identified in the State Plan in accordance with WIOA sec. 102(b)(1)(E) and § 676.105 of this chapter. | |||||
| 20:20:4.0.1.1.8.4.5.4 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.530 When must the regional plan be modified? | DOL | (a) Consistent with § 679.580, the Governor must establish procedures governing the modification of regional plans. (b) At the end of the first 2-year period of the 4-year local plan, the Local WDBs within a planning region, in partnership with the appropriate chief elected officials, must review the regional plan and prepare and submit modifications to the regional plan to reflect changes: (1) In regional labor market and economic conditions; and (2) Other factors affecting the implementation of the local plan, including but not limited to changes in the financing available to support WIOA title I and partner-provided WIOA services. | |||||
| 20:20:4.0.1.1.8.4.5.5 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.540 How are local planning requirements reflected in a regional plan? | DOL | (a) The regional plan must address the requirements at WIOA secs. 106(c)(1)(A)-(H), and incorporate the local planning requirements identified for local plans at WIOA secs. 108(b)(1)-(22). (b) The Governor may issue regional planning guidance that allows Local WDBs and chief elected officials in a planning region to address any local plan requirements through the regional plan where there is a shared regional responsibility. | |||||
| 20:20:4.0.1.1.8.4.5.6 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.550 What are the requirements for the development of the local plan? | DOL | (a) Under WIOA sec. 108, each Local WDB must, in partnership with the appropriate chief elected officials, develop and submit a comprehensive 4-year plan to the Governor. (1) The plan must identify and describe the policies, procedures, and local activities that are carried out in the local area, consistent with the State Plan. (2) If the local area is part of a planning region, the Local WDB must comply with WIOA sec. 106(c) and §§ 679.510 through 679.540 in the preparation and submission of a regional plan. (b) Consistent with § 679.510(b), the Local WDB must provide an opportunity for public comment on the development of the local plan or subsequent plan modifications before submitting the plan to the Governor. To provide adequate opportunity for public comment, the Local WDB must: (1) Make copies of the proposed local plan available to the public through electronic and other means, such as public hearings and local news media; (2) Include an opportunity for comment by members of the public, including representatives of business, labor organizations, and education; (3) Provide no more than a 30-day period for comment on the plan before its submission to the Governor, beginning on the date on which the proposed plan is made available, prior to its submission to the Governor; and (4) The Local WDB must submit any comments that express disagreement with the plan to the Governor along with the plan. (5) Consistent WIOA sec. 107(e), the Local WDB must make information about the plan available to the public on a regular basis through electronic means and open meetings. | |||||
| 20:20:4.0.1.1.8.4.5.7 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.560 What are the contents of the local plan? | DOL | (a) The local workforce investment plan must describe strategic planning elements, including: (1) A regional analysis of: (i) Economic conditions including existing and emerging in-demand industry sectors and occupations; and (ii) Employment needs of employers in existing and emerging in-demand industry sectors and occupations. (iii) As appropriate, a local area may use an existing analysis, which is a timely current description of the regional economy, to meet the requirements of paragraphs (a)(1)(i) and (ii) of this section; (2) Knowledge and skills needed to meet the employment needs of the employers in the region, including employment needs in in-demand industry sectors and occupations; (3) An analysis of the regional workforce, including current labor force employment and unemployment data, information on labor market trends, and educational and skill levels of the workforce, including individuals with barriers to employment; (4) An analysis of workforce development activities, including education and training, in the region. This analysis must include the strengths and weaknesses of workforce development activities and capacity to provide the workforce development activities to address the education and skill needs of the workforce, including individuals with barriers to employment, and the employment needs of employers; (5) A description of the Local WDB's strategic vision to support regional economic growth and economic self-sufficiency. This must include goals for preparing an educated and skilled workforce (including youth and individuals with barriers to employment), and goals relating to the performance accountability measures based on performance indicators described in § 677.155(a)(1) of this chapter; and (6) Taking into account analyses described in paragraphs (a)(1) through (4) of this section, a strategy to work with the entities that carry out the core programs and required partners to align resources available to the local area, to achieve the strategic vision and goals described in pa… | |||||
| 20:20:4.0.1.1.8.4.5.8 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.570 What are the requirements for approval of a local plan? | DOL | (a) Consistent with the requirements at § 679.520 the Governor must review completed plans (including a modification to the plan). Such plans will be considered approved 90 days after the Governor receives the plan unless the Governor determines in writing that: (1) There are deficiencies in workforce investment activities that have been identified through audits and the local area has not made acceptable progress in implementing plans to address deficiencies; or (2) The plan does not comply with applicable provisions of WIOA and the WIOA regulations, including the required consultations and public comment provisions, and the nondiscrimination requirements of 29 CFR part 38. (3) The plan does not align with the State Plan, including with regard to the alignment of the core programs to support the strategy identified in the State Plan in accordance with WIOA sec. 102(b)(1)(E) and § 676.105 of this chapter. (b) In cases where the State is a single local area: (1) The State must incorporate the local plan into the State's Unified or Combined State Plan and submit it to the U.S. Department of Labor in accordance with the procedures described in § 676.105 of this chapter. (2) The Secretary of Labor performs the roles assigned to the Governor as they relate to local planning activities. (3) The Secretary of Labor will issue planning guidance for such States. | |||||
| 20:20:4.0.1.1.8.4.5.9 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | D | Subpart D—Regional and Local Plan | § 679.580 When must the local plan be modified? | DOL | (a) Consistent with the requirements at § 679.530, the Governor must establish procedures governing the modification of local plans. (b) At the end of the first 2-year period of the 4-year local plan, each Local WDB, in partnership with the appropriate chief elected officials, must review the local plan and prepare and submit modifications to the local plan to reflect changes: (1) In labor market and economic conditions; and (2) Other factors affecting the implementation of the local plan, including but not limited to: (i) Significant changes in local economic conditions; (ii) Changes in the financing available to support WIOA title I and partner-provided WIOA services; (iii) Changes to the Local WDB structure; and (iv) The need to revise strategies to meet local performance goals. | |||||
| 20:20:4.0.1.1.8.5.5.1 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | E | Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan) | § 679.600 What is the purpose of the general statutory and regulatory waiver authority in the Workforce Innovation and Opportunity Act? | DOL | (a) The purpose of the general statutory and regulatory waiver authority provided at sec. 189(i)(3) of the WIOA is to provide flexibility to States and local areas and enhance their ability to improve the statewide workforce development system to achieve the goals and purposes of WIOA. (b) A waiver may be requested to address impediments to the implementation of a Unified or Combined State Plan, including the continuous improvement strategy, consistent with the purposes of title I of WIOA as identified in § 675.100 of this chapter. | |||||
| 20:20:4.0.1.1.8.5.5.2 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | E | Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan) | § 679.610 What provisions of the Workforce Innovation and Opportunity Act and the Wagner-Peyser Act may be waived, and what provisions may not be waived? | DOL | (a) The Secretary may waive for a State, or local area in a State, any of the statutory or regulatory requirements of subtitles A, B and E of title I of WIOA, except for requirements relating to: (1) Wage and labor standards; (2) Non-displacement protections; (3) Worker rights; (4) Participation and protection of workers and participants; (5) Grievance procedures and judicial review; (6) Nondiscrimination; (7) Allocation of funds to local areas; (8) Eligibility of providers or participants; (9) The establishment and functions of local areas and Local WDBs; (10) Procedures for review and approval of State and Local plans; (11) The funding of infrastructure costs for one-stop centers; and (12) Other requirements relating to the basic purposes of title I of WIOA described in § 675.100 of this chapter. (b) The Secretary may waive for a State, or local area in a State, any of the statutory or regulatory requirements of secs. 8 through 10 of the Wagner- Peyser Act (29 U.S.C. 49g-49i) except for requirements relating to: (1) The provision of services to unemployment insurance claimants and veterans; and (2) Universal access to the basic labor exchange services without cost to job seekers. | |||||
| 20:20:4.0.1.1.8.5.5.3 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | E | Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan) | § 679.620 Under what conditions may a Governor request, and the Secretary approve, a general waiver of statutory or regulatory requirements under the Workforce Innovation and Opportunity Act? | DOL | (a) The Secretary will issue guidelines under which the States may request general waivers of WIOA and Wagner-Peyser Act requirements. (b) A Governor may request a general waiver in consultation with appropriate chief elected officials: (1) By submitting a waiver plan which may accompany the State's WIOA 4-year Unified or Combined State Plan or 2-year modification; or (2) After a State's WIOA Plan is approved, by separately submitting a waiver plan. (c) A Governor's waiver request may seek waivers for the entire State or for one or more local areas within the State. (d) A Governor requesting a general waiver must submit to the Secretary a plan to improve the statewide workforce development system that: (1) Identifies the statutory or regulatory requirements for which a waiver is requested and the goals that the State or local area, as appropriate, intends to achieve as a result of the waiver and how those goals relate to the Unified or Combined State Plan; (2) Describes the actions that the State or local area, as appropriate, has undertaken to remove State or local statutory or regulatory barriers; (3) Describes the goals of the waiver and the expected programmatic outcomes if the request is granted; (4) Describes how the waiver will align with the Department's policy priorities, such as: (i) Supporting employer engagement; (ii) Connecting education and training strategies; (iii) Supporting work-based learning; (iv) Improving job and career results; and (v) Other priorities as articulated in guidance; (5) Describes the individuals affected by the waiver, including how the waiver will impact services for disadvantaged populations or individuals with multiple barriers to employment; and (6) Describes the processes used to: (i) Monitor the progress in implementing the waiver; (ii) Provide notice to any Local WDB affected by the waiver; (iii) Provide any Local WDB affected by the waiver an opportunity to comment on the request; (iv) Ensure meaningful public comment, including comment by business … | |||||
| 20:20:4.0.1.1.8.5.5.4 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | E | Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan) | § 679.630 Under what conditions may the Governor submit a workforce flexibility plan? | DOL | (a) A State may submit to the Secretary, and the Secretary may approve, a workforce flexibility (workflex) plan under which the State is authorized to waive, in accordance with the plan: (1) Any of the statutory or regulatory requirements under title I of WIOA applicable to local areas, if the local area requests the waiver in a waiver application, except for: (i) Requirements relating to the basic purposes of title I of WIOA described in § 675.100 of this chapter; (ii) Wage and labor standards; (iii) Grievance procedures and judicial review; (iv) Nondiscrimination; (v) Eligibility of participants; (vi) Allocation of funds to local areas; (vii) Establishment and functions of local areas and Local WDBs; (viii) Procedures for review and approval of local plans; and (ix) Worker rights, participation, and protection. (2) Any of the statutory or regulatory requirements applicable to the State under secs. 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g-49i), except for requirements relating to: (i) The provision of services to unemployment insurance claimants and veterans; and (ii) Universal access to basic labor exchange services without cost to job seekers. (3) Any of the statutory or regulatory requirements applicable under the Older Americans Act of 1965 (OAA) (42 U.S.C. 3001 et seq. ), to State agencies on aging with respect to activities carried out using funds allotted under OAA sec. 506(b) (42 U.S.C. 3056d(b)), except for requirements relating to: (i) The basic purposes of OAA; (ii) Wage and labor standards; (iii) Eligibility of participants in the activities; and (iv) Standards for grant agreements. (b) A workforce flexibility plan submitted under paragraph (a) of this section must include descriptions of: (1) The process by which local areas in the State may submit and obtain State approval of applications for waivers of requirements under title I of WIOA; (2) A description of the criteria the State will use to approve local area waiver requests and how such requests support impleme… | |||||
| 20:20:4.0.1.1.8.5.5.5 | 20 | Employees' Benefits | V | 679 | PART 679—STATEWIDE AND LOCAL GOVERNANCE OF THE WORKFORCE DEVELOPMENT SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT | E | Subpart E—Waivers/WorkFlex (Workforce Flexibility Plan) | § 679.640 What limitations apply to the State's workforce flexibility plan authority under the Workforce Innovation and Opportunity Act? | DOL | (a)(1) Under work-flex waiver authority a State must not waive the WIOA, Wagner-Peyser Act or OAA requirements which are excepted from the work-flex waiver authority and described in § 679.630(a). (2) Requests to waive statutory and regulatory requirements of title I of WIOA applicable at the State level may not be granted under work-flex waiver authority granted to a State. Such requests only may be granted by the Secretary under the general waiver authority described at §§ 679.610 through 679.620. (b) As required in § 679.630(b)(6), States must address the outcomes to result from work-flex waivers as part of its workforce flexibility plan. The Secretary may terminate a State's work-flex designation if the State fails to meet agreed-upon outcomes or other terms and conditions contained in its workforce flexibility plan. |
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