Current through Register Vol. 39, No. 6, September 16, 2024
(a) Service
delivery areas may be redesignated from time to time, as permitted in JTPA and
by this Chapter 20. Redesignations may be initiated by a voluntary petition for
redesignation, by a notice of failure to agree on a job training plan or by
involuntary redesignation.
(b)
Voluntary petitions for redesignation.
(1) A
unit of government or a consortium of units of government may seek
redesignation by the filing of a petition for redesignation. The petition will
request the realignment of the service delivery area(s) that the unit(s) of
government currently fall within and the designation of either a new service
delivery area or the inclusion of the petitioning unit(s) of government in an
existing service delivery area.
(2)
A redesignation petition must state the basis on which the unit(s) of
government qualify as a service delivery area, a statement of reasons for the
redesignation request, a copy of the proposed consortium agreement, if any, a
summary of the steps to be taken to procure public comment on the
redesignation, including a schedule on which the steps should be taken, the
effect, if any, on the current service delivery area(s) of the unit(s) of
government and the effect of redesignation on the provision of services within
the current service delivery area(s).
(3) The redesignation petition must be filed
with the Director, with a copy to the chairperson(s) of the private industry
council(s) in the present service delivery area(s), at a time sufficiently in
advance of the proposed designation to permit publication, comment and approval
of the redesignation at least four months prior to the beginning of the program
year with which the redesignation would be effective.
(4) Voluntary redesignation of a service
delivery area may not occur any more often than once every two years, provided
that inclusion of additional units in or removal of units from the Rural
Service Delivery Area shall not be subject to this restriction.
(5) Petitions for redesignation may be filed
by unit(s) of government in a service delivery area that is subject to a
reorganization plan under Section 106(h) of JTPA, at any time, which petition
the Governor will endeavor to accommodate.
(c) Redesignation After Notice of Failure to
Agree.
(1) A unit of government that serves as
a service delivery area or any unit or units of government in a consortium that
serves as a service delivery area must notify the Director when it is clear to
the appropriate chief elected official(s) that the private industry council and
the chief elected official will not agree on a service delivery area job
training plan. The Director may endeavor to negotiate a mutually agreeable job
training plan, but will not be required to do so if he or she reasonably
believes that negotiation would be unproductive.
(2) The notice of failure to agree must be
accompanied by a request for redesignation containing the information required
in Paragraph (b)(2) of this Rule and attaching a copy of the resolution of the
governing board or statement of the chief elected official that agreement on
the job training plan will not be reached.
(d) Involuntary Redesignation.
(1) If the Governor determines that, because
of shifts in population or changes in originally designated service delivery
areas, the existing service delivery areas do not satisfy the intent of JTPA,
the Governor may request that the State Job Training Coordinating Council
propose appropriate service delivery areas as described in Section 101 of JTPA.
Units of government and consortia of units of government may request
designation as a service delivery area.
(2) If the Governor determines that an
existing service delivery area has grossly or abusively misappropriated funds
or grossly or abusively maladministered activities, and if corrective action
has not been taken, the Governor may condition the receipt of future subgrant
funds on the filing of a petition for redesignation under Paragraph (b) of this
Rule, provided that his sanction shall only be used where the existing
designation does not serve the best interests of the residents of the service
delivery area and would not protect the integrity of funds, for which the state
may be liable.
(e)
Redesignations will be accompanied by a reconstitution of the affected private
industry councils.
(f) The
redesignation of the service delivery area for any unit(s) of government shall
not affect the right of the Division to proceed against the unit(s) of
government for disallowed costs incurred by the service delivery area grant
recipient during the period in which the unit(s) of government belonged to the
service delivery area.
(g)
Determinations under this Section are reviewable pursuant to
4 NCAC
20C .0002 or by the Secretary of USDOL if
JTPA Section 101 (A)(4)(c) applies.
Authority
G.S.
143B-430(b);
20 C.F.R.
628.1; Ex. O. No. 93, June 8,
1983;
Eff. February 1, 1976;
Transferred from T01: 18
Eff. September 15, 1981;
Amended Eff. August 1, 1988; July 1, 1988;
October 1, 1984; August 1, 1982;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. April 27,
2019.
