(a) A unit or combination of units of general local government or
rural concentrated employment program grant recipient (as described at
WIA section 116(a)(2)(B)) whose appeal of the denial of a request for
automatic or temporary and subsequent designation as a local workforce
investment area to the State Board has not resulted in designation may
appeal the denial of local area designation to the Secretary.
(b) Appeals made under to paragraph (a) of this section must be
filed no later than 30 days after receipt of written notification of
the denial from the State Board, and must be submitted by certified
mail, return receipt requested, to the Secretary, U.S. Department of
Labor, Washington, DC 20210, Attention: ASET. A copy of the appeal must
be simultaneously provided to the State Board.
(c) The appellant must establish that it was not accorded
procedural rights under the appeal process set forth in the State Plan,
or establish that it meets the requirements for designation in WIA
sections 116(a)(2) or (a)(3). The Secretary may consider any comments
submitted in response by the State Board.
(d) If the Secretary determines that the appellant has met its
burden of establishing that it was not accorded procedural rights under
the appeal process set forth in the State Plan, or that it meets the
requirements for designation in WIA sections 116(a)(2) or (a)(3), the
Secretary may require that the area be designated as a local workforce
investment area.
(e) The Secretary must issue a written decision to the Governor and
the appellant.
