§ 839 — Substate plans

New York § 839

• Jurisdiction: New York
• Law LAB: Labor
• Art. 24: Worker Adjustment Act

Text

§ 839. Substate plans. 1. Substate grantees are required to submit a\nsubstate plan for review and comment to the local elected officials and\nthe private industry council and to the governor for approval. Upon\napproval of the plan, grantees shall implement all procedures described\npursuant to the requirements of this section.\n 2. The substate plan shall include statements describing:\n (a) basic readjustment, retraining and supportive services and the\nmethod for providing such services;\n (b) outreach and intake procedures and the method used to verify\nprogram participant eligibility;\n (c) means for coordinating services with the unemployment compensation\nsystem;\n (d) means for involving labor organizations representing individuals\naffected by dislocation within the substate area in the development and\nimplementation of services;\n (e) performance goals;\n (f) procedures for selecting service providers consistent with section\none hundred seven of the federal Job Training Partnership Act (P.L.\n97-300);\n (g) procedures for responding expeditiously to worker dislocation\nwhere the rapid response assistance required by section eight hundred\nforty of this article is inappropriate, of which methods may include but\nare not limited to:\n (i) development and delivery of widespread outreach mechanisms;\n (ii) provision of financial evaluation and counseling (where\nappropriate) to assist in determining eligibility for services and the\ntype of services needed;\n (iii) initial assessment and referral for further basic readjustment\nand retraining services; and\n (iv) establishment of centers within each substate area for the\npurpose of providing such outreach, assessment and early readjustment\nassistance.\n (h) the involvement of the governor, local elected officials and\nprivate industry council in the activities of the substate grantee;\n (i) the training services to be provided including:\n (i) assessment of participants' skill levels and occupational\nabilities;\n (ii) assessment of participants' needs including educational,\ntraining, employment and supportive services;\n (iii) methods for allocating resources to provide the services\nrecommended by rapid response teams; and\n (iv) a description of services and activities to be provided in the\nsubstate area;\n (j) the means to achieve coordination with other appropriate programs,\nservices and systems for the purpose of avoiding duplicating services\navailable through existing services;\n (k) a detailed budget; and\n (l) an evaluation design consistent with criteria set forth in\nregulations by the commissioner.\n 3. The governor shall approve the plan submitted by a substate\ngrantee, or the modification thereof, unless he finds that:\n (a) corrective measures for deficiencies found in audits or in meeting\nperformance standards from previous years have not been taken or are not\nacceptably underway;\n (b) the entity proposed to administer the program does not have the\ncapacity to administer the funds;\n (c) there are inadequate safeguards for the protection of funds\nreceived;\n (d) the plan or modification does not comply with a particular\nprovision of the federal job training partnership act (P.L. 97-300) or\nof regulations of the United States secretary of labor; or\n (e) the plan or modification does not comply with the requirements of\nthis article.\n 4. The governor shall approve or disapprove a plan submitted by a\nsubstate grantee or modification thereof within thirty days after the\ndate that the plan or modification is submitted, except that if a\npetition is filed under subdivision five of this section, such period\nshall be extended to forty-five days. Any disapproval by the governor\nmay be appealed to the United States secretary of labor.\n 5. Interested parties may petition the governor within fifteen days of\nthe date of submission for disapproval of the plan or modification\nthereof if:\n (a) the party can demonstrate that it represents a substantial client\ninterest;\n (b) the party took appropriate steps to present its views and seek\nresolution of disputed issues prior to submission of the plan to the\ngovernor; and\n (c) the request for disapproval is based on a violation of statutory\nrequirements.\n 6. If a substate grantee fails to submit a plan, or submits a plan\nthat is not approved by the governor, the governor may direct the\nexpenditure of funds allocated to the substate area until such time as a\nplan is submitted and approved or a new substate grantee is designated\nunder this article.\n 7. If a substate grantee fails to expend funds allocated to it in\naccordance with its plan, the governor may, subject to appropriate\nnotice and opportunity for comment in the manner required for approval\nof the substate plan, direct the expenditure of funds in accordance with\nthe substate plan until the substate grantee corrects the failure, the\nsubstate grantee submits an acceptable modification to its plan, or a\nnew substate grantee is designated in accordance with the provisions of\nparagraph (a) of subdivision one of section eight hundred thirty-eight\nof this article.\n