(a)(1) The Governor may include in the State's WtW Plan a waiver
request to select an agency other than the local board or PIC to
administer the program for one or more local areas or SDA's in a State;
or
(2) When the Governor determines the local board or alternate
administering agency has not coordinated its expenditures with the
expenditure of funds provided to the State under TANF, pursuant to
section 403(a)(5)(A)(vii)(II) of the Act, the Governor must request a
waiver.
(b) The Governor shall bear the burden of proving that the
designated alternate administering agency, rather than the local board
or other alternate administering agency, would improve the
effectiveness or efficiency of the administration of WtW funds in the
SDA. The Governor's waiver request shall include information to meet
that burden. The Governor shall provide a copy of the waiver request
and any supporting information submitted to the Secretary to the local
board and CEO of the local area for which an alternative administering
agency is requested.
(c) The local board and CEO shall have fifteen (15) days in which
to submit his or her written response to the Department. The local
board and CEO
shall provide a copy of such response to the Governor.
(d) The Secretary will assess the waiver information submitted by
the Governor, including input from the local board and CEO in reaching
the decision whether to permit the use of an alternate administering
agency.
(e) The Secretary shall approve a waiver request if she determines
that the Governor has established that the designated alternate
administering agency, rather than the local board or other
administering agency, will improve the effectiveness or efficiency of
the administration of WtW funds provided for the benefit of the local
area.
(f) Where an alternate administering agency is approved by the
Secretary, such administrative entity shall coordinate with the CEO for
the applicable local area(s) regarding the expenditure of WtW grant
funds in the local area(s).
(g) The decision of the Secretary to approve or deny a waiver
request will be issued promptly and shall constitute final agency
action.
