(a) The State may use any State entity that meets the requirements
of WIA section 111(e) to perform the functions of the State Board.
(b) If the State uses an alternative entity, the State workforce
investment plan must demonstrate that the alternative entity meets all
three of the requirements of WIA section 111(e). Section 111(e)
requires that such entity:
(1) Was in existence on December 31, 1997;
(2)(i) Was established under section 122 (relating to State Job
Training Coordinating Councils) or title VII (relating to State Human
Resource Investment Councils) of the Job Training Partnership Act (29
U.S.C. 1501 et seq.), as in effect on December 31, 1997, or
(ii) Is substantially similar to the State Board described in WIA
section 111(a), (b), and (c) and Sec. 661.200; and
(3) Includes, at a minimum, two or more representatives of business
in the State and two or more representatives of labor organizations in
the State.
(c) If the alternative entity does not provide for representative
membership of each of the categories of required State Board membership
under WIA section 111(b), the State Plan must explain the manner in
which the State will ensure an ongoing role for any such group in the
workforce investment system.
(d) If the membership structure of the alternative entity is
significantly changed after December 31, 1997, the entity will no
longer be eligible to perform the functions of the State Board. In such
case, the Governor must establish a new State Board which meets all of
the criteria of WIA section 111(b). A significant change in the
membership structure does not mean the filling of a vacancy on the
alternative entity, but does include any change in the organization of
the alternative entity or in the categories of entities represented on
the alternative entity which requires a change to the alternative
entity's charter or a similar document that defines the formal
organization of the alternative entity.
(e) In 20 CFR parts 660 through 671, all references to the State
Board also apply to an alternative entity used by a State.
