(a) A Governor may request a general waiver in consultation with
appropriate chief elected officials:
(1) By submitting a waiver plan which may accompany the State's WIA
5-year strategic Plan; or
(2) After a State's WIA Plan is approved, by directly submitting a
waiver plan.
(b) A Governor's waiver request may seek waivers for the entire
State or for one or more local areas.
(c) A Governor requesting a general waiver must submit to the
Secretary a plan to improve the Statewide workforce investment system
that:
(1) Identifies the statutory or regulatory requirements for which a
waiver is requested and the goals that the State or local area, as
appropriate, intends to achieve as a result of the waiver and how those
goals relate to the Strategic Plan goals;
(2) Describes the actions that the State or local area, as
appropriate, has undertaken to remove State or local statutory or
regulatory barriers;
(3) Describes the goals of the waiver and the expected programmatic
outcomes if the request is granted;
(4) Describes the individuals affected by the waiver; and
(5) Describes the processes used to:
(i) Monitor the progress in implementing the waiver;
(ii) Provide notice to any Local Board affected by the waiver; and
(iii) Provide any Local Board affected by the waiver an opportunity
to comment on the request.
(d) The Secretary issues a decision on a waiver request within 90
days after the receipt of the original waiver request.
(e) The Secretary will approve a waiver request if and only to the
extent that:
(1) The Secretary determines that the requirements for which a
waiver is requested impede the ability of either the State or local
area to implement the State's plan to improve the Statewide workforce
investment system;
(2) The Secretary determines that the waiver plan meets all of the
requirements of WIA section 189(i)(4) and Secs. 661.400-661.420 of this
subpart; and
(3) The State has executed a memorandum of understanding with the
Secretary requiring the State to meet, or ensure that the local area
meets, agreed-upon outcomes and to implement other appropriate measures
to ensure accountability.
(g) The Secretary will issue guidelines under which the States may
request general waivers of WIA and Wagner-Peyser requirements. (WIA
sec. 189(i).)
