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MEMO: AP 00-06

Last Updated: November 15, 2016

DATE: June 20, 2000

TO: RWDB Directors; RWDB Chairpersons; Grant Recipients

FROM: Lorna Joseph, Acting Director of Operational Support

SUBJECT: Policy and Procedures for the Workforce Investment Act Eligible Training
Program List (ETPL)

As part of Connecticutís implementation of the Workforce Investment Act of 1998, Governor Rowland designated the Department of Labor as the state agency to administer a statewide list of programs of employment and training services approved by the local Workforce Investment Boards.

Attached is the Departmentís policy regarding eligible training program denial, removal and appeals of the statewide list.

If you have any questions regarding this policy, please call Kathy Marioni in the Office of Program Policy at (860) 263-6755.

Attachment
 


Connecticut Department of Labor

Administration of the WIA Eligible Training Program List

A. Denial of Application for Initial Certification.

1. Reasons for denial.

a. Local Boards may deny eligibility if the application from a provider is not complete or not submitted within required timeframes.
b. Local Boards shall deny eligibility if an applicant fails to meet the minimum criteria for initial certification specified in this procedure.

c. The Local Boards or the CTDOL shall deny eligibility if it is determined that the applicant intentionally supplied inaccurate information.

d. Local Boards or the CTDOL may deny eligibility to a provider who has been found to have substantially violated any WIA requirements.

2. If a Local Board denies a providerís application for listing on the eligible training program list (ETPL), the Local Board shall, within 30 days of receipt of the application, inform the provider in writing and include the reason(s) for the denial and provide information on the appeals process.

3. If the CTDOL denies a providerís program listing on the ETPL, the CTDOL shall within 30 days of receipt of the nomination from a Local Board, inform the provider in writing and include the reason(s) for the denial and provide information on the appeals process. In addition, CTDOL must inform the Local Board who nominated the program of the denial and the reason(s) for the denial.

B. Termination of Eligibility of a Program on the ETPL.

1. Reasons for Removal.

a. Local Boards or CTDOL may remove a program if the provider fails to provide all the data required for subsequent eligibility determination within the required timeframes.

b. Local Boards or CTDOL shall remove a program at any point at which it is determined that the program does not meet the minimum criteria for initial listing specified in this procedure.

c. A Local Board or the CTDOL shall remove a program if, as a result of the subsequent eligibility determination process, the program has not met the minimum levels of performance set by the State or by the Local Board.

d.The CTDOL shall remove a program if it determines after consultation with the Local Board involved, that the applicant intentionally supplied inaccurate information.

e. Local Boards or the CTDOL may remove a program if the provider is found to have substantially violated any WIA requirements.

2. If a Local Board removes a program from the ETPL, the Local Board must, within 10 business days of its decision, inform the provider in writing and include the reason(s) for the denial and provide information on the appeals process.

3. If the CTDOL removes a program from the ETPL, CTDOL shall inform the provider in writing and include the reason(s) for the denial and provide information on the appeals process. In addition, CTDOL must inform the Local Board where the provider applied of the denial and the reason(s) for the denial.

C. Penalties.

1. If CTDOL, in consultation with the appropriate Local Board, determines that a provider or individual supplying information on behalf of the provider, intentionally supplied inaccurate information for ETPL purposes, the CTDOL shall terminate the eligibility of the provider programs to receive any funds under WIA section 133(b) for at least two years.

2. If the CTDOL or a Local Board working with the CTDOL determines that an eligible provider substantially violates any WIA requirement, the CTDOL or the Local Board may terminate the eligibility of the provider program(s) to receive any funds for a period of time under WIA section 133(b) or take other such action as the CTDOL or the Local Board deems appropriate.

3. If the CTDOL or a Local Board working with the CTDOL determines that an eligible provider program fails to meet specified levels of performance in any program year, the CTDOL or the Local Board may terminate the eligibility of the provider program for a period of one year. After that time, the program provider may reapply for the ETPL.

D. Appeals to Local Boards.

1. This procedure applies only to appeals by training providers based on the denial of a providerís application for initial listing on the ETPL or the removal of a program already listed on the ETPL.

2. Each Local Board must have a written appeals process that includes the following required provisions:

a. A provider wishing to appeal a decision by a Local Board must submit an appeal to the Local Board within ten (10) business days of the issuance of the denial notice. The appeal must be in writing and include a statement of the intent to appeal, description of the program in question, the reason(s) for the appeal, and the signature of the appropriate provider official.

b. The Local Board appeals process must include a meeting between the Local Board staff and the appealing provider for the purpose of effectuating informal resolution in lieu of further appeal process.

c. A Local Board will notify a provider of its final decision on an appeal within thirty (30) days of receipt of the appeal.

E. Appeals to the CTDOL.

1.This procedure applies to an appeal by a training provider based on:

a. Denial of eligibility by a Local Board or the designated State agency under WIA sec. 122 (b), (c) or (e). This includes a CTDOL denial of the providerís application for initial listing on the ETPL. In addition, a provider may appeal to the Connecticut Department of Labor Commissioner if it has exhausted the appeals process of a Local Board and is dissatisfied with the Local Boardís final decision.
b. Termination of eligibility or other action by a Local Board or State agency under WIA sec. 122 (f), which refers to the removal of a program already listed on the ETPL.
c. Denial of eligibility as a provider of on-the-job training (OJT) or customized training by a One-Stop operator under WIA sec. 122 (h).
2. A provider wishing to appeal a Local Boardís final decision shall file an appeal within ten (10) days of the issuance of the Local Boardís decision. The request for appeal must be in writing and include a statement of the intent to appeal, description of the program in question, the grounds for the appeal, and the signature of the appropriate provider official. It must be sent to:
Commissioner James P. Butler
CT Department of Labor
200 Folly Brook Boulevard
Wethersfield, CT 06109

The appeal must either be actually received by or postmarked no later than the tenth day following the issuance of the decision being appealed.

3. CTDOL procedures shall include the opportunity for a hearing before impartial hearing officer(s). The CTDOL Labor Commissioner will name the hearing officer(s). The hearing officer(s) or panel shall be comprised of persons that have not had any role in the underlying decision at issue. The hearing officer(s) shall provide written notice to the concerned parties of the date, time, and place of the hearing at least five (5) business days before the scheduled hearing. Subject to the hearing officerís control, both parties shall be provided the opportunity to: present oral and written testimony; call and question witnesses; present oral and written argument; request relevant documents. Any party to a hearing shall have the right to be represented. CTDOL shall maintain a tape recording of the proceedings.

4. The CTDOL will notify a provider of its final decision on an appeal in writing within (30) days of receipt of the appeal.

5. The CTDOL will promptly notify the appropriate Local Board of any appeal request and any final decision.

6. A CTDOL decision under this appeal process shall be final.

Administrative Procedures Memos


200 Folly Brook Boulevard, Wethersfield, CT 06109 / Phone: 860-263-6000

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