Iowa Administrative Code › Agency 877 - Workforce Development Board and Workforce Development Center Administration Division › Chapter 12 - Iowa Job Training Partnership Program › Rule 877-12.18 - Sanctions for Violations of the Act

Current through Register Vol. 47, No. 3, July 24, 2024
The state may impose appropriate sanctions and corrective
				actions for violations of the Act, regulations, grant terms or conditions and
				other applicable laws and regulations.
(1)
Findings warranting
			 sanctions.
a. In determining whether
			 to impose a sanction, the department will consider the frequency, quantity,
			 flagrancy, severity and willfulness of the finding and whether it was the
			 result of willful disregard of the Act or other applicable laws and
			 regulations. The findings may fall into four major categories: administrative,
			 fiscal, program operation and performance standards.
b. Administrative findings. Sanctions may be
			 imposed for failure to establish a 28E agreement to implement JTPA programs;
			 maintain private industry council membership in accordance with Section 102 of
			 the JTPA; establish a LEO/PIC agreement; meet publication and distribution
			 requirements for local training plans; agree on a local training plan; obtain
			 or maintain supporting documentation for grant activities; maintain accurate
			 and current required data in the MIS; submit revised planning summaries to
			 maintain an up-to-date local training plan; make procurements according to
			 required policies and procedures including prior approval where necessary;
			 implement required corrective actions; submit accurate required reports on
			 time; implement the technical assistance plan; perform required audits; and
			 meet monitoring requirements. This list is not intended to be
			 all-inclusive.
c. Fiscal findings.
			 Sanctions may be imposed for failure to operate within the minimum cash balance
			 requirements; comply with program cost limitations; maintain adequate
			 expenditure rates in accordance with the local training plan; properly allocate
			 expenditures to JTPA and between titles and programs; properly disburse funds;
			 obtain and document required match; maintain adequate systems of fiscal
			 control; and submit accurate required fiscal reports on time. This list is not
			 intended to be all-inclusive.
d.
			 Program operation findings. Sanctions may be imposed for failure to obtain
			 proper information for eligibility determination resulting in ineligible
			 participants receiving benefits from the program; meet required enrollment
			 levels for dropouts and WIN recipients; enroll substantial segments of the
			 eligible population in proportion to their existence in that population; and
			 meet required expenditure rates for Title IIA youth. This list is not intended
			 to be all-inclusive.
e. Program
			 performance findings (Title IIA only). Sanctions may be imposed for failure to
			 meet performance standards for one year; two consecutive years; and more than
			 two consecutive years.
Findings under this category are distinct from other types of
				sanctionable findings in that these deficiencies relate to performance criteria
				and sanctions as described in Section 106(h) of the Act. Sanctions to be taken
				under this Section are solely in response to an SDA's failure to meet
				performance standards. For purposes of Section 106(h) of the Act, "failure to
				meet performance standards" means achieving the standard in fewer than five of
				the seven DOL performance measures in Title IIA.