(a) (1) Each Governor must establish and adhere to a Methods of
Administration for State programs as defined in Sec. 37.4. In those
States in which one agency contains both SESA or unemployment insurance
and WIA Title I-financially assisted programs, the Governor should
develop a combined Methods of Administration.
(2) Each Methods of Administration must be designed to give a
reasonable guarantee that all recipients will comply, and are
complying, with the nondiscrimination and equal opportunity provisions
of WIA and this part.
(b) The Methods of Administration must be:
(1) In writing, addressing each requirement of Sec. 37.54(d) with
narrative and documentation;
(2) Reviewed and updated as required in Sec. 37.55; and
(3) Signed by the Governor.
(c) [Reserved]
(d) At a minimum, each Methods of Administration must:
(1) Describe how the State programs and recipients have satisfied
the requirements of the following regulations:
(i) Sections 37.20 through 37.22 (assurances);
(ii) Sections 37.23 through 37.28 (Equal Opportunity Officers);
(iii) Sections 37.29 through 37.36 (Notice and Communication);
(iv) Sections 37.37 through 37.41 (Data and Information Collection
and Maintenance);
(v) Section 37.42 (Universal Access);
(vi) Section 37.53 (Governor's Oversight Responsibilities Regarding
Recipients' Recordkeeping); and
(vii) Sections 37.76 through 37.79 (Complaint Processing
Procedures); and
(2) Include the following additional elements:
(i) A system for determining whether a grant applicant, if
financially assisted, and/or a training provider, if selected as
eligible under section 122 of the Act, is likely to conduct its WIA
Title I--financially assisted programs or activities in a
nondiscriminatory way, and to comply with the regulations in this part;
(ii) A system for periodically monitoring the compliance of
recipients with WIA section 188 and this part, including a
determination as to whether each recipient is conducting its WIA Title
I--financially assisted program or activity in a nondiscriminatory way.
At a minimum, each periodic monitoring review required by this
paragraph must include:
(A) A statistical or other quantifiable analysis of records and
data kept by the recipient under Sec. 37.37, including analyses by
race/ethnicity, sex, age, and disability status;
(B) An investigation of any significant differences identified in
paragraph (A) of this section in participation in the programs,
activities, or employment provided by the recipient, to determine
whether these differences appear to be caused by discrimination. This
investigation must be conducted through review of the recipient's
records and any other appropriate means; and
(C) An assessment to determine whether the recipient has fulfilled
its administrative obligations under section 188 or this part (for
example, recordkeeping, notice and communication) and any duties
assigned to it under the MOA;
(iii) A review of recipient policy issuances to ensure they are
nondiscriminatory;
(iv) A system for reviewing recipients' job training plans,
contracts, assurances, and other similar agreements to ensure that they
are both nondiscriminatory and contain the required language regarding
nondiscrimination and equal opportunity;
(v) Procedures for ensuring that recipients comply with the
requirements of Section 504 and this part with regard to individuals
with disabilities;
(vi) A system of policy communication and training to ensure that
EO Officers and members of the recipients' staffs who have been
assigned responsibilities under the nondiscrimination and equal
opportunity provisions of WIA or this part are aware of and can
effectively carry out these responsibilities;
(vii) Procedures for obtaining prompt corrective action or, as
necessary, applying sanctions when noncompliance is found; and
(viii) Supporting documentation to show that the commitments made
in the Methods of Administration have been and/or are being carried
out. This supporting documentation includes, but is not limited to:
(A) policy and procedural issuances concerning required elements of
the Methods of Administration;
(B) copies of monitoring instruments and instructions;
(C) evidence of the extent to which nondiscrimination and equal
opportunity policies have been developed and communicated as required
by this part;
(D) information reflecting the extent to which Equal Opportunity
training, including training called for by Secs. 37.25(f) and 37.26(c),
is planned and/or has been carried out;
(E) reports of monitoring reviews and reports of follow-up actions
taken under those reviews where violations have been found, including,
where appropriate, sanctions; and
(F) copies of any notices made under Secs. 37.29 through 37.36.
