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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Office of the Secretary of Labor |
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| Implementation of the Nondiscrimination and Equal Opportunity Requirements of the Job Training Partnership Act of 1982, As Amended (JTPA) |
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| Governor's Responsibilities to Implement the Nondiscrimination and Equal Opportunity Requirements of JTPA |
(a) The Governor shall be responsible for oversight of all JTPA-
funded State programs. This responsibility includes ensuring compliance
with the nondiscrimination and equal opportunity provisions of JTPA and
this part, and negotiating with the recipient to secure voluntary
compliance when noncompliance is found under Sec. 34.45.
(b) The Governor and the recipient shall be jointly and severally
liable for all violations of the nondiscrimination and equal opportunity
provisions of JTPA and this part by the recipient, unless the Governor
has:
(1) Established and adhered to a Methods of Administration, pursuant
to Sec. 34.33, designed to give reasonable guarantee of the recipient's
compliance with such provisions;
(2) Entered into a written contract with the recipient which clearly
establishes the recipient's obligations regarding nondiscrimination and
equal opportunity;
(3) Acted with due diligence to monitor the recipient's compliance
with these provisions; and
(4) Taken prompt and appropriate corrective action to effect
compliance.
(c) If the Director determines that the Governor has demonstrated
substantial compliance with the requirements of paragraph (b) of this
section, he or she may recommend to the Secretary that the imposition of
sanctions against the Governor be waived and that sanctions be imposed
only against the noncomplying recipient.