(a) State agencies shall compile program performance data required
by ETA, including statistical information on program operations.
(b) The ETA shall use the program performance data in assessing and
evaluating whether the State agencies have complied with JS regulations
and their State agency program budget plans.
(c) In assessing and evaluating program performance data, the ETA
shall act in accordance with the following general principles:
(1) The fact that the program performance data from a State agency,
whether overall or relative to a particular program activity, indicate
poor program performance does not by itself constitute a violation of JS
regulations or of the State agency's responsibilities under its State
agency program budget plan;
(2) Program performance data, however, may so strongly indicate that
a State agency's performance is poor that the data may raise a
presumption (prima facie case) that a State agency is violating JS
regulations or the State agency program budget plan. A State agency's
failure to meet the operational objectives set forth in the PBP shall
raise a presumption that the agency is violating JS regulations and/or
its PBP. In such cases the ETA shall afford the State agency an
opportunity to rebut the presumption of a violation pursuant to the
procedures at subpart H of this part.
(3) The ETA shall take into account that certain program performance
data may measure items over which State agencies have direct or
substantial control while other data may measure items over which the
State agency has indirect or minimal control.
(i) Generally, for example, a State agency has direct and
substantial control over the delivery of job services such as referrals
to jobs, job development contacts, applicant counseling, referrals to
supportive services and the conduct of field checks.
(ii) State agencies, however, have only indirect control over the
outcome of services. State agencies, for example, cannot guarantee that
an employer will hire a referred applicant, nor can they guarantee that
the terms and conditions of employment will be as stated on a job order.
(iii) Outside forces, moreover, such as a sudden heavy increase in
unemployment rates, a strike by State agency employees, or a severe
drought or flood may skew the results measured by program performance
data;
(4) The ETA shall consider a State agency's failure to keep accurate
and complete program performance data required by JS regulations as a
violation of the JS regulations.
