(a) If the Governor disapproves the SDA job training plan or plan
modification for any reason, the Governor shall notify the PIC and chief
elected official(s) for the SDA in writing as provided in section
105(b)(2) of the Act.
(b) If the Governor disapproves the SDA job training plan or plan
modification, the Governor shall provide the PIC and the chief elected
official(s) for
the SDA 30 days to correct the deficiencies and resubmit the plan or
plan modification. Within 15 days after the plan or plan modification is
resubmitted, the Governor shall make a final decision and shall notify
the PIC and the appropriate chief elected official(s) of the SDA in
writing of the final disapproval or approval.
(c) Governor mediation. If the PIC and the appropriate chief elected
official(s) of an SDA are unable to reach an agreement under the
provisions of section 103 (b)(1) or (d) of the Act, any such party may
request the Governor to mediate.
(d) Failure to reach agreement. If the PIC and the chief elected
official(s) fail to reach the required agreements in section 103 (b)(1)
or (d) of the Act, funds may not be made available to an SDA under
section 104 of the Act and the Governor shall merge the affected area
into one or more other existing service delivery areas (section
105(c)(1)).
(e) Appeals. (1) In accordance with section 105(b)(2) of the Act,
any final disapproval by the Governor of the SDA job training plan or
modification may be appealed by the PIC and chief elected official(s) of
the SDA to the Secretary.
(2) The Secretary shall not accept an appeal dated later than 30
days after receipt by the PIC and chief elected official(s) of the final
disapproval of the SDA job training plan or modification from the
Governor.
(3) The Secretary shall accept an appeal under paragraph (e)(1) of
this section and shall determine only whether the disapproval is clearly
erroneous under section 105(b)(1) of the Act. The Secretary may consider
any comments submitted by the Governor. In accordance with section
105(b)(2) of the Act, the Secretary shall make a final decision within
45 days after the appeal is received by the Secretary.
(4) The Secretary shall notify the Governor and the appellant in
writing of the Secretary's decision.
(f) Appeals of plan revocations. Pursuant to section 164(b)(1) of
the Act, a notice of intent to revoke approval of all or part of a plan
may be appealed to the Secretary. Such appeals shall be treated as a
disapproval under paragraphs (c) and (e) of this section, except that
the revocation shall not become effective until the later of:
(1) The time for appeal under paragraph (e) of this section has
expired; or
(2) The date on which the Secretary issues a decision affirming the
revocation.
(g) In the event that a plan is disapproved and the Governor's
decision is upheld upon appeal, the Governor shall merge the affected
area into other designated SDA's willing to accept it or include it in
another SDA within the State.
