(a)(1) Each Governor shall establish and adhere to a Methods of
Administration for State programs as defined in Sec. 34.2. In those
States in which one agency contains both SESA and JTPA programs, the
Governor may develop a combined Methods of Administration.
(2) Each Methods of Administration shall be designed to give
reasonable guarantee that all recipients will comply and are complying
with the nondiscrimination and equal opportunity provisions of JTPA and
this part.
(b) The Methods of Administration shall be:
(1) In writing;
(2) Updated periodically as required by the Director; and
(3) Signed by the Governor.
(c) The Methods of Administration shall, at a minimum:
(1) Describe how the requirements of Secs. 34.20, 34.21, 34.22,
34.23, 34.24, 34.31, and 34.42 have been satisfied; and
(2) Include the following additional elements:
(i) A system for periodically monitoring the compliance of
recipients with this part, including a determination as to whether the
recipient is conducting its JTPA-funded program or activity in a
nondiscriminatory way;
(ii) A system for reviewing the nondiscrimination and equal
opportunity provisions of job training plans, contracts, assurances, and
other similar agreements;
(iii) Procedures for ensuring that recipients provide accessibility
to individuals with disabilities;
(iv) A system of policy communication and training to ensure that
members of the recipients' staffs who have been assigned
responsibilities pursuant to the nondiscrimination and equal opportunity
provisions of JTPA or this part are aware of and can effectively carry
out these responsibilities;
(v) Procedures for obtaining prompt corrective action or, as
necessary, applying sanctions when noncompliance is found; and
(vi) Supporting documentation to show that the commitments made in
the Methods of Administration have been and/or are being carried out.
Supporting documentation includes, but is not limited to: policy and
procedural issuances concerning required elements of the Methods of
Administration; copies of monitoring instruments and instructions;
evidence of the extent to which nondiscrimination and equal opportunity
policies have been developed and communicated pursuant to this part;
information reflecting the extent to which Equal Opportunity training,
including training called for by Sec. 34.22, is planned and/or has been
carried out; as applicable, reports of monitoring reviews and reports of
follow-up actions taken thereunder where violations have been found,
including, where appropriate, sanctions; and copies of any notification
made pursuant to Sec. 34.23.
(d) The Governor shall, within 180 days of the effective date of
this part:
(1) Develop and implement Methods of Administration consistent with
the requirements of this part, and
(2) Submit a copy of the Methods of Administration to the Director.
