NY Lab L § 839 (2021)
2021 New York Laws LAB - Labor Article 24 - Worker Adjustment Act 839 - Substate Plans.

§  839.  Substate plans. 1. Substate grantees are required to submit a substate plan for review and comment to the local elected officials  and the  private  industry  council  and to the governor for approval.  Upon approval of the plan, grantees shall implement all procedures  described pursuant to the requirements of this section.   2. The substate plan shall include statements describing:  (a)  basic  readjustment,  retraining  and supportive services and the method for providing such services;  (b) outreach and intake procedures  and  the  method  used  to  verify program participant eligibility;  (c) means for coordinating services with the unemployment compensation system;  (d)  means  for involving labor organizations representing individuals affected by dislocation within the substate area in the development  and implementation of services;  (e) performance goals;  (f) procedures for selecting service providers consistent with section one  hundred  seven  of  the  federal Job Training Partnership Act (P.L. 97-300);  (g) procedures for  responding  expeditiously  to  worker  dislocation where  the  rapid  response assistance required by section eight hundred forty of this article is inappropriate, of which methods may include but are not limited to:  (i) development and delivery of widespread outreach mechanisms;  (ii)  provision  of  financial  evaluation   and   counseling   (where appropriate)  to  assist in determining eligibility for services and the type of services needed;  (iii) initial assessment and referral for further  basic  readjustment and retraining services; and  (iv)  establishment  of  centers  within  each  substate  area for the purpose of providing such outreach, assessment  and  early  readjustment assistance.  (h)  the  involvement  of  the  governor,  local elected officials and private industry council in the activities of the substate grantee;  (i) the training services to be provided including:  (i)  assessment  of  participants'  skill  levels   and   occupational abilities;  (ii)   assessment   of   participants'  needs  including  educational, training, employment and supportive services;  (iii)  methods  for  allocating  resources  to  provide  the  services recommended by rapid response teams; and  (iv)  a  description  of services and activities to be provided in the substate area;  (j) the means to achieve coordination with other appropriate programs, services and systems for the purpose of  avoiding  duplicating  services available through existing services;  (k) a detailed budget; and  (l)  an  evaluation  design  consistent  with  criteria  set  forth in regulations by the commissioner.   3. The governor  shall  approve  the  plan  submitted  by  a  substate grantee, or the modification thereof, unless he finds that:  (a) corrective measures for deficiencies found in audits or in meeting performance standards from previous years have not been taken or are not acceptably underway;  (b)  the  entity  proposed to administer the program does not have the capacity to administer the funds;  (c) there are  inadequate  safeguards  for  the  protection  of  funds received;  (d)  the  plan  or  modification  does  not  comply  with a particular provision of the federal job training partnership act (P.L.  97-300)  or of regulations of the United States secretary of labor; or  (e)  the plan or modification does not comply with the requirements of this article.   4. The governor shall approve or disapprove  a  plan  submitted  by  a substate  grantee  or  modification thereof within thirty days after the date that the plan or  modification  is  submitted,  except  that  if  a petition  is  filed  under subdivision five of this section, such period shall be extended to forty-five days. Any disapproval  by  the  governor may be appealed to the United States secretary of labor.   5. Interested parties may petition the governor within fifteen days of the  date  of  submission  for  disapproval  of the plan or modification thereof if:  (a) the party can demonstrate that it represents a substantial  client interest;  (b)  the  party  took  appropriate steps to present its views and seek resolution of disputed issues prior to submission of  the  plan  to  the governor; and  (c)  the  request for disapproval is based on a violation of statutory requirements.   6. If a substate grantee fails to submit a plan,  or  submits  a  plan that  is  not  approved  by  the  governor,  the governor may direct the expenditure of funds allocated to the substate area until such time as a plan is submitted and approved or a new substate grantee  is  designated under this article.   7.  If  a  substate  grantee  fails to expend funds allocated to it in accordance with its plan,  the  governor  may,  subject  to  appropriate notice  and  opportunity for comment in the manner required for approval of the substate plan, direct the expenditure of funds in accordance with the substate plan until the substate grantee corrects the  failure,  the substate  grantee  submits  an acceptable modification to its plan, or a new substate grantee is designated in accordance with the provisions  of paragraph  (a)  of subdivision one of section eight hundred thirty-eight of this article.