(a) The State may use any local entity that meets the requirements
of WIA section 117(i) to perform the functions of the Local Board. WIA
section 117(i) requires that such entity:
(1) Was established to serve the local area (or the service
delivery area that most closely corresponds to the local area);
(2) Was in existence on December 31, 1997;
(3)(i) Is a Private Industry Council established under to section
102 of the Job Training Partnership Act, as in effect on December 31,
1997; or
(ii) Is substantially similar to the Local Board described in WIA
section 117 (a), (b), and (c) and (h)(1) and (2); and
(4) Includes, at a minimum, two or more representatives of business
in the local area and two or more representatives of labor
organizations nominated by local labor federations or employees in the
local area.
(b)(1) If the Governor certifies an alternative entity to perform
the functions of the Local Board; the State workforce investment plan
must demonstrate that the alternative entity meets the requirements of
WIA section 117(i), set forth in paragraph (a) of this section.
(2) If the alternative entity does not provide for representative
membership of each of the categories of required Local Board membership
under WIA section 117(b), the local workforce investment plan must
explain the manner in which the Local Board will ensure an ongoing role
for any such group in the local workforce investment system.
(c) If the membership structure of an alternative entity is
significantly changed after December 31, 1997, the entity will no
longer be eligible to perform the functions of the Local Board. In such
case, the chief elected official(s) must establish a new Local Board
which meets all of the criteria of WIA section 117(a), (b), and (c) and
(h)(1) and (2). A significant change in the membership structure does
not mean the filling of a vacancy on the alternative entity, but does
include any change in the organization of the alternative entity or in
the categories of entities represented on the alternative entity that
requires a change to the alternative entity's charter or a similar
document that defines the formal organization of the alternative
entity.
(d) In these regulations, all references to the Local Board must be
deemed to also apply to an alternative entity used by a local area.
(WIA sec. 117(i).)
