(a) A unit of local government (or combination of units) or a rural
concentrated employment program grant recipient (as described at WIA
section 116(a)(2)(B), which has requested but has been denied its
request for designation as a workforce investment area under
Secs. 661.260-661.270, may appeal the decision to the State Board, in
accordance with appeal procedures established in the State Plan.
(b) If a decision on the appeal is not rendered in a timely manner
or if the appeal to the State Board does not result in designation, the
entity may request review by the Secretary of Labor, under the
procedures set forth at 20 CFR 667.640(a).
(c) The Secretary may require that the area be designated as a
workforce investment area, if the Secretary determines that:
(1) The entity was not accorded procedural rights under the State
appeals process; or
(2) The area meets the automatic designation requirements at WIA
section 116(a)(2) or the temporary and subsequent designation
requirements at WIA section 116(a)(3), as appropriate.
