Current through Register Vol. 48, No. 38, September 20, 2024
a)
Designation of Service Delivery Areas - The Department on behalf of the
Governor may initiate an application process for local elected officials on
behalf of units of general local government to request designation as a SDA
under the JTPA to take effect at the start of Program Year 1986. The process
for redesignation of SDAs shall conform with requirements of Section 101 of the
Act and 20 CFR 628.1(1983). Pursuant to Section 101(c)(l) of the Act,
redesignation of SDAs shall not take place more frequently than every two years
and shall not be made later than four months before the beginning of a program
year. In considering whether to initiate an application process for
redesignation, the Department shall consider the availability of administrative
funds to support the existing SDA administrative structure; the ability of SDAs
to achieve or exceed performance standards; and, the recommendations of the
Illinois Job Training Coordinating Council. The Illinois Job Training
Coordinating Council shall recommend to the Governor SDAs by preparing a map of
the State identifying the geographical area to be included in each SDA.
Pursuant to Section 4 of Public Act 83-1288, effective August 31, 1984 (Ill.
Rev. Stat. 1984 Supp., ch. 48, par. 2104), these recommendations shall be
forwarded to the President of the Senate and Speaker of the House of
Representatives, or their designees, for review and comment by the Illinois
General Assembly. In addition to criteria which may be identified by the
Illinois Job Training Coordinating Council, the Council shall consider the
following criteria prior to making recommendations to the Governor on
redesignation:
1) the consistency of proposed
SDA boundaries with labor market area boundaries and patterns of labor market
behavior;
2) the adequacy of
estimated available funds to support the administrative expenses of proposed
SDAs;
3) the availability of a mix
of employment opportunities and training institutions within proposed SDAs;
and,
4) the potential impact of
redesignation decisions on the ability to maintain existing effective local
relationships established for the provision of employment and training services
(e.g., agreements among local elected officials).
b) Petition for Redesignation - Pursuant to
Section 101(c)(2) of the Act, the Department shall initiate an application
process for redesignation as described in Section
2600.40(a)
of this Part, if a petition is filed with the Department by an entity specified
in Section 101(a)(4)(A) of the Act. Petitions shall be accepted only if filed
at least eighteen months before the start of the program year for which the
redesignation is proposed. Petitions for redesignation shall include a PIC
Membership Selection Agreement if such an agreement is required of the
petitioner(s) pursuant to Section 102(d) of the Act.
c) Redesignation Due to Failure to Reach
Agreement - In accordance with the requirements of Section 105(c) of the Act,
if a Private Industry Council and appropriate chief elected official or
officials fail to reach the agreement required under Section 103(b) or (d) of
the Act and, as a consequence, funds for a Service Delivery Area shall not be
made available under Section 104 of the Act, the Department on behalf of the
Governor shall redesignate the SDAs in the State to merge the affected area
into one or more other SDAs. Such redesignations shall be made without regard
to requirements of Section
2600.40(a)
of this Part. Prior to such redesignations the Department shall attempt to
mediate the disagreement between the Private Industry Council and appropriate
chief elected official or officials. The duration of such mediation shall not
exceed a period of two months beyond March 2 preceding the start of the
subsequent program year.
d)
Redesignation Due to Failure to Meet Plan Approval Requirements - In the event
that the Department disapproves a job training plan in accordance with Section
105(b) of the Act and Section
2610.40(d)
of this Part, the Department on behalf of the Governor, shall redesignate the
Service Delivery Areas in the State to merge the affected area into one or more
other Service Delivery Areas. Such redesignations shall be made without regard
to Sections 101(a)(4) and (c)(1) of the Act and the requirements of Section
2600.40(a)
of this Part. Such a redesignation shall be initiated only after the review
process for the Job Training plan as specified in 56 Ill. Adm. Code
2610.50(c)
has been completed and the plan has not been approved as specified in 56 Ill.
Adm. Code
2610.50(d).
The steps that shall be followed if a plan is disapproved are in accordance
with 20 CFR Part 628.5 dated March 15, 1983. These steps and timelines are as
follows:
1) The Job Training Plan shall be
submitted to the Department by April 10 preceding the start of the subsequent
program year.
2) The Department
shall approve or disapprove the plan within 30 days and notify the PIC and
Chief Elected Official(s) in writing.
3) If the plan is not approved, the PIC and
Chief Elected Official(s) shall have 20 days to correct the deficiencies and
resubmit the plan to the Department.
4) The Department shall approve or disapprove
the plan within 15 days.
5) If the
plan is disapproved, the PIC and Chief Elected Official(s) shall have 30 days
to submit an appeal to the Secretary.
6) The Secretary shall accept the appeal and
make a decision only with regard to determining whether or not the disapproval
is clearly erroneous within the context of Section 105(b)(1) of the Act. The
Secretary shall make a final decision within 45 days after the appeal is
received in accordance with Section 105(b)(2) of the Act.
7) The Department shall provide the PIC and
Chief Elected Official(s) 5 days to correct deficiencies and resubmit the plan
after the Secretary's final decision.
8) If a corrected plan is not submitted
within the 5 days, then redesignation will be initiated.
e) Certification of Private Industry Councils
- The Department, on behalf of the Governor, shall certify a Private Industry
Council which meets the requirements of Section 102 of the Act and the
requirements specified in this Part. Such certification shall be made or denied
within 30 days after the date on which a list of members and necessary
supporting documentation are submitted to the Department. The list and
supporting documentation shall be submitted by a date and in accordance with
instructions and using forms provided by the Department.
1) PIC Appointing Authority - Appointments to
PICs shall be made in accordance with the requirements of Section 102(d) of the
Act. In any case in which there are no units of general local government in the
SDA with experience in administering job training programs, then the chief
elected official(s) in the SDA shall appoint members to the PIC in accordance
with an agreement entered into by such units. Pursuant to Section 102(d) of the
Act, a chief elected official (or officials) of a unit (or units) of general
local government with experience in administering job training programs within
the Service Delivery Area shall appoint members to the private industry
council. Such experience shall be recognized only if it transpired during the
three program years proceeding the program year in which the appointments are
to be made. Only units of general local government which are responsible for
any one of the following job training program related responsibilities shall be
considered as having related experience in administering job training programs:
A) grant recipient;
B) administrative entity;
C) prime sponsor under the Comprehensive
Employment and Training Act (CETA) ( 29 U.S.C. 801); or
D) planning entity.
2) Nomination Procedures - Nominations shall
be made pursuant to the requirements of Section 102(c) of the Act. Private
sector representatives shall be selected from among individuals nominated on a
single slate containing 150 percent of the number of representatives needed to
fill all private sector vacancies.
3) Composition of the Private Industry
Council - A Private Industry Council shall meet the requirements of Section 102
of the Act and the composition requirements of this Part.
A) A PIC shall have a minimum of thirteen
members.
B) No member of a PIC
shall represent more than the one group.
C) Private sector representatives shall be
owners of business concerns, chief executives or chief operating officers of
nongovernmental employers, or other managers whose decisions and/or
recommendations substantially affect the investment decisions or workforce
requirements of the firm or facility. The majority of the members of PICs shall
be private sector representatives.
D) Women shall be represented on the Private
Industry Council in proportion to their representation in the labor force of
the Service Delivery Area. A Private Industry Council not in compliance with
this criteria shall include a description of action which will be taken by the
chief elected official or officials in order to meet this criteria by Program
Year 1986. In such cases, local job training plans shall include a description
of action which will be taken by the chief elected official or officials which
demonstrate that progress will be made to meet this criteria. In the event that
this requirement is not complied with by Program Year 1986, the certification
of the Private Industry Council shall be withdrawn and new business (e.g.,
entering into new contracts with service providers) may not be conducted by the
PIC which has been de-certified, but existing services shall continue until the
PIC is re-certified. The affected Private Industry Council shall be prohibited
from conducting business unless it can be demonstrated that:
i) the occurrence of vacancies was
insufficient to allow compliance; or,
ii) efforts to attract women for nomination
to the PIC are documented via newspaper advertisements, copies of letters sent
to women's business and professional organizations, women's social services
organizations, and other groups required to be on the PIC's as per this
section, and yet such efforts failed to provide sufficient results to achieve
compliance either through lack of nominees or refusals to serve by women who
were nominated.
E) In a
Service Delivery Area in which racial minorities comprise five percent or more
of the labor force in the Service Delivery Area, racial minorities shall be
represented on the Private Industry Council in proportion to their
representation in the labor force of the Service Delivery Area. A Private
Industry Council not in compliance with this criteria shall demonstrate that
priority will be given to minorities in filling vacancies so that by Program
Year 1986 this requirement will be met. In such cases, local job training plans
shall include a description of action which will be taken by the chief elected
official or officials which demonstrate that appropriate progress will be made
to meet this criteria. In the event that this requirement is not complied with
by Program Year 1986, the certification of the Private Industry Council shall
be withdrawn and new business (e.g., entering into new contracts with service
providers) may not be conducted by the PIC which has been de-certified, but
existing services shall continue until the PIC is re-certified. The affected
Private Industry Council shall be prohibited from conducting business unless it
can be demonstrated that:
i) the occurrence of
vacancies was insufficient to allow compliance; or,
ii) the number of vacancies filled by
individuals who were nominated by virtue of their position with a specific
agency precluded compliance.
F) Whenever possible, at least one-half of
the private sector representatives on the PIC shall be representatives of small
business including minority businesses and those owned by women. The Department
shall accept that it is not possible for at least one-half of the private
sector representatives to be representatives of private small businesses if
such representatives decline to be members of the PIC or there are too few such
businesses in the SDA. The term 'small business' shall mean business employing
500 or fewer persons. No PIC shall be certified if such small business
representation is below forty percent of all private sector
representatives.
G) No local
elected officials (and all employees under the jurisdiction of their offices)
who have responsibility for plan approval pursuant to Section 103(d) of the
Act, shall be appointed to the PIC. Where SDAs are comprised of counties, such
officials shall include all county board members and county commissioners.
Where SDAs are comprised of cities, towns, or villages, such officials shall
include mayors and all city, town, or village council or board members. Local
elected officials other than those cited above may serve as PIC members if they
are nominated and appointed as a representative of one of the groups specified
in Section 102(a) and (c) of the Act.
H) At a minimum, one private sector
representative shall be appointed from each major industrial group which
represents ten percent or more of the SDA's private sector labor
force.
I) The PIC shall include but
not be limited to representatives of:
i)
educational agencies;
ii) organized
labor;
iii) rehabilitation
agencies;
iv) community-based
organizations;
v) the public
employment service; and,
vi)
economic development agencies.
J) The PIC shall elect its own Chairman.
Pursuant to Section 103(b) of the Act, the Chairman of the PIC shall be
selected from among members of the PIC who are private sector
representatives.
4)
Filling Vacancies on the Private Industry Council - Pursuant to 102(f) of the
Act, any vacancy in the membership shall be filled following the same procedure
as the original appointment. Requirements as specified in Section
2600.40(e)
of this Part shall be met in filling any vacancy in the membership of a PIC. A
nomination to fill a vacancy shall be forwarded to the Department for
certification within three months of occurrence. In the event that an initial
nomination is not certified by the Department due to noncompliance with the
requirements of the Act or the requirements of this Part, a second nomination
shall be forwarded within one month of being so notified by the Department. In
the event that a nominee cannot be certified by the Department within the
timeframes specified above and the PIC no longer meets the requirements of
Section 102 of the Act and/or Section
2600.40(e)
of this Part, the certification of the PIC shall be withdrawn and the affected
PIC shall be prohibited from conducting business until such time as the vacancy
is filled and certified. New business (e.g., entering into new contracts with
service providers) shall not be conducted by PICs which have been de-certified,
but existing services shall continue until the PIC is re-certified. The
Department shall provide the affected PIC thirty days notice of
de-certification. Existing services under an approved plan shall not be
disrupted due to de-certification.
5) Appointments Made by the Governor
A) Failure to Reach Agreement - The
Department on behalf of the Governor, shall appoint individuals to the Private
Industry Council in the event that agreement is not reached on appointment
procedures by chief elected officials as specified in Section 102(d) of the Act
and
2600.40(e)(1)
of this Part. The Department shall not exercise this authority unless, the
Department first attempts to facilitate a local agreement through mediation.
The duration of such mediation shall not exceed a period of two months beyond
the scheduled date set by the Department for the establishment of such
agreements.
B) Failure to Meet
Certification Requirements - In the event that the Department is unable to
certify a Private Industry Council due to non-compliance with Section 102 of
the Act or the requirements of this Part, the Department on behalf of the
Governor, shall appoint individuals to the Private Industry Council. Such
appointments shall be limited to the smallest number of appointments which will
allow for certification. The Department will not exercise this authority
unless, the Department first attempts to facilitate the local appointment
process through mediation. The duration of such mediation shall not exceed a
period of two months beyond the scheduled date set by the Department for the
submission of certification documentation.
C) Failure to Fill Vacancies - In the event
that certification of a Private Industry Council is withdrawn pursuant to
Section
2600.40(e)(4)
of this Part, the Department on behalf of the Governor, shall appoint
individuals to the Private Industry Council to fill any vacancies.
f) Reorganization Due
to Inadequate Performance - Pursuant to Section 106(h) of the Act, the Governor
shall impose a reorganization plan in a Service Delivery Area if failure to
meet performance standards established in accordance with Sections 106 of the
Act and 20 CFR 629.46(1983) persists for two consecutive program years. Prior
to imposition of a reorganization plan, the Department on behalf of the
Governor, shall offer the affected parties opportunity for a hearing regarding
such areas as the adequacy of the reorganization plan, the computation of the
standards and extenuating local conditions affecting performance. The
Department will follow the procedures outlined in Article 10 of the Illinois
Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1010-5 et
seq.) for conducting hearings.
g)
Agreements Among Chief Elected Officials (CEO)
1) CEOs shall adopt, by a majority vote, a
system of recognized and traditionally accepted parlimentary rules (e.g.,
Roberts Rules of Order, Sturgis Standard Code of Parlimentary Procedure) by
which meetings/assemblies shall be conducted. These rules shall provide for
procedural safeguards and democratic discussion, the right of free and fair
debate.
2) CEOs shall adopt formal
bylaws to govern their meetings/assemblies.
h) Operating Procedures for PICs: PICs shall
adopt, by a majority vote, a system of recognized and traditionally accepted
parlimentary rules (e.g., Roberts Rules of Order, Sturgis Standard Code of
Parlimentary Procedure) by which meetings/assemblies shall be conducted. These
rules shall provide for procedural safeguards and democratic discussion, the
right of free and fair debate.
