(a) The Governor must develop a procedure for the Local Board to
use in determining the subsequent eligibility of all eligible training
providers determined initially eligible under Sec. 663.515 (a) and (c),
after:
(1) Soliciting and taking into consideration recommendations from
Local Boards and providers of training services within the State, and
(2) Providing an opportunity for interested members of the public,
including representatives of business and labor organizations, to
submit comments on such procedure.
(b) The procedure must be described in the State Plan.
(c) The procedure must require that:
(1) Providers annually submit performance and cost information as
described at WIA sections 122(d)(1) and (2), for each program of
training services for which the provider has been determined to be
eligible, in a time and manner determined by the Local Board;
(2) Providers annually meet minimum performance levels described at
WIA section 122(c)(6).
(d) The provider's performance information must meet the minimum
acceptable levels established under paragraph (c)(2) of this section to
remain eligible;
(e) Local Boards may require higher levels of performance for local
providers than the levels specified in the procedures established by
the Governor. (WIA sections 122(c)(5) and (c)(6).)
(f) The State procedure must require Local Boards to take into
consideration:
(1) The specific economic, geographic and demographic factors in
the local areas in which providers seeking eligibility are located, and
(2) The characteristics of the populations served by providers
seeking eligibility, including the demonstrated difficulties in serving
these populations, where applicable.
(g) The Local Board retains those providers on the local list that
meet the required performance levels and other elements of the State
procedures and submits the list, accompanied by the performance and
cost information, and any additional required information, to the
designated State agency. If the designated State agency determines
within 30 days from the receipt of the information that the provider
does not meet the performance levels established under paragraph (c)(2)
of this section, the provider may be removed from the list. A provider
retained on the local list and not removed by the designated State
agency is considered an eligible provider of training services.
