(a) If a local area fails to meet the levels of performance agreed
to under Sec. 666.310 for the core indicators of performance or
customer satisfaction indicators for a program in any program year,
technical assistance must be provided. The technical assistance must be
provided by the Governor with funds reserved for Statewide workforce
investment activities under WIA sections 128(a) and 133(a)(1), or, upon
the Governor's request, by the Secretary. The technical assistance may
include the development of a performance improvement plan, a modified
local plan, or other actions designed to assist the local area in
improving performance.
(b) If a local area fails to meet the levels of performance agreed
to under Sec. 666.310 for the core indicators of performance or
customer satisfaction indicators for a program for two consecutive
program years, the Governor must take corrective actions. The
corrective actions may include the development of a reorganization plan
under which the Governor:
(1) Requires the appointment and certification of a new Local
Board;
(2) Prohibits the use of particular service providers or One-Stop
partners that have been identified as achieving poor levels of
performance; or
(3) Requires other appropriate measures designed to improve the
performance of the local area.
(c) A local area may appeal to the Governor to rescind or revise a
reorganization plan imposed under paragraph (b) of this section not
later than thirty (30) days after receiving notice of the plan. The
Governor must make a final decision within 30 days after receipt of the
appeal. The Governor's final decision may be appealed by the Local
Board to the Secretary under 20 CFR 667.650(b) not later than thirty
(30) days after the local areas receives the decision. The decision by
the Governor to impose a reorganization plan becomes effective at the
time it is issued, and remains effective unless the Secretary rescinds
or revises the reorganization plan. Upon receipt of the appeal from the
local area, the Secretary must make a final decision within thirty (30)
days. (WIA sec. 136(h).)
