(a) An applicant whose application for funding as a WIA INA grantee
under 20 CFR part 668 or as an MSFW grantee under 20 CFR part 669 is
denied in whole or in part by the Department may request an
administrative review under Sec. 667.800(a) with respect to whether
there is a basis in the record to support the Department's decision.
This appeal
will not in any way interfere with the Department's designation and
funding of another organization to serve the area in question during
the appeal period. The available remedy in such an appeal is the right
to be designated in the future as the WIA INA or MSFW grantee for the
remainder of the current grant cycle. Neither retroactive nor
immediately effective selection status may be awarded as relief in a
non-selection appeal under this section. The appellant may not be
awarded a grant nor given any kind of preference beyond the current two
year-grant period.
(b) If the ALJ rules that the organization should have been
selected and the organization continues to meet the requirements of 20
CFR part 668 or part 669, the Department will select and fund the
organization within 90 days of the ALJ's decision unless the end of the
90-day period is within six (6) months of the end of the funding
period. An applicant so selected is not entitled to the full grant
amount, but will only receive the funds remaining in the grant that
have not been expended by the current grantee through its operation of
the grant and its subsequent closeout.
(c) Any organization selected and/or funded as a WIA INA or MSFW
grantee is subject to being removed as grantee in the event an ALJ
decision so orders. The Grant Officer provides instructions on
transition and close-out to a grantee which is removed. All parties
must agree to the provisions of this paragraph as a condition for WIA
INA or MSFW funding.
