Current through Register Vol. 63, No. 9, September 1, 2024
(1) Purpose: The purpose of this rule is to
establish the requirements and procedures that take effect if a Local Area
fails to meet the local performance measures negotiated with the Office
pursuant to the federal Workforce Investment Act (WIA),
PL
105-220, its amendments and regulations thereto.
(2) Definitions: As used in OAR
589-020-0270, unless the context requires otherwise:
(a) Failure to Meet: Actual performance for
any of the 17 core performance indicators that falls below 80% of the
negotiated level of performance. Technical assistance is required to be
provided under WIA Section 134(a)(2)(B)(iv) to Local Workforce Investment Areas
(LWAs) that fail to meet local performance measures.
(b) Negotiated Levels of Performance: The
numeric performance target agreed to by the Office and the LWA for each of the
17 core performance indicators.
(c) Performance Measures: the 17 performance
indicators required by the Workforce Investment Act of 1998, section 136; Final
Rules, 20 CFR part 666, published at 65 federal Register 49419 (August 11,
2000).
(d) Program Area: A cluster
of measures used in the evaluation of performance for incentive or improvement
purposes. There are four program areas: Adults, Dislocated Workers, Youth (both
older and younger youth), and customer satisfaction (even though it is not
technically a "program").
(e)
Unawarded Incentive Grant Funds: Those funds remaining after all incentive
awards have been made.
(3) The LWA must achieve at least 80% of the
negotiated performance level on each performance measure within a given program
area to qualify as having met performance.
(4) Technical assistance shall be provided by
the Office or upon request by the Office, the U.S. Department of Labor,
Employment and Training Administration, if an LWA fails to meet negotiated
levels of performance relating to a program area for any program year.
(a) Technical assistance may include
assistance in the development of a performance improvement plan, or the
development of a modified local plan.
(b) The following criteria must be considered
in providing technical assistance:
(A) The
action taken must be remedial in nature rather than punitive; and
(B) Action taken must be appropriate to
remedy the problem causing the poor performance.
(5) When the Office determines the
local area has failed to meet any negotiated performance, the Office notifies
the local area. Upon such notification, the procedures described below shall be
followed:
(a) The local area analyzes the
problem relative to the failed indicator(s);
(b) The local area develops and submits a
program improvement plan to the Office within 30 calendar days of notification
from the Office designed to address performance not achieved. The plan shall
include proposed actions and costs. The local area may request the assistance
of the Office in developing the program improvement plan.
(c) Within 30 calendar days following receipt
of the plan, the Office reviews and may approve the program improvement plan
based on the following criteria:
(A) The plan
adequately addresses the indicator(s) not achieved; and
(B) The costs of the planned action are
reasonable.
(d) If the
program improvement plan is not approved, the Office notifies the local area of
the decision and provides assistance to address the issues resulting in the
plan disapproval.
(6)
Upon approval of the program improvement plan by the Office, Unawarded
Incentive Grant funds shall be made available in accordance with OAR
589-020-0270 for technical assistance/program improvement to those local areas
whose performance for any of the 17 core performance indicators falls below 80%
of the negotiated performance level.
(7) If failure to meet performance as defined
in (2)(a), (3) and (4) of this OAR continues for a second consecutive year, the
Office shall take corrective action which may include development of a
reorganization plan through which the Office may:
(a) Require the appointment and certification
of a new local board (consistent with the criteria established under WIA
Section 117(b);
(b) Prohibit the
use of eligible providers and one-stop partners identified as achieving a poor
level of performance; or
(c) Take
such other actions as the Office determines are appropriate to improve the
performance of the local area including those identified in (4) through (6) of
this OAR. Other actions may include the selection of an alternative entity to
administer the program(s) for the local area. The alternative entity may be a
newly formed workforce investment board or any agency jointly selected by the
Office and the chief elected official(s) of the LWA.
(8) A local area that is subject to a
reorganization plan under (7) of this OAR may, not later than 30 days after
receiving notice of the reorganization plan, appeal to the Office to rescind or
revise such plan. In such case, the Office shall make a final decision not
later than 30 days after the receipt of the appeal.
(a) The decision of the Office shall become
effective at the time the Office issues the decision pursuant to (8) of this
OAR. Such decision shall remain effective unless the Secretary of the U.S.
Department of Labor rescinds or revises such plan pursuant to (8)(b) of this
OAR.
(b) The local area may, not
later than 30 days after receiving a decision from the Office pursuant to (8)
of this OAR, appeal such decision to the Secretary of the U.S. Department of
Labor. In such case, the Secretary shall make a final decision not later than
30 days after the receipt of the appeal.
Publications: Publications referenced are available from the
agency.
Stat. Auth.: ORS
351.755
Stats. Implemented: ORS
351.755
