North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0200 - PLANNING AND CONTRACTING › Section 20B .0201 - JOB TRAINING PLANS FOR SERVICE DELIVERY AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  acceptable and approved job training plan is a prerequisite to the receipt of
				  subgrant funds from the Division. Except for the grant period that expires June
				  30, 1984, the job training plan shall cover two program years.
(b) The job training plan must be developed
				  as described in the written agreement between the private industry council and
				  the chief elected official(s) and in a manner consistent with federal law. The
				  proposed plan or a summary thereof must be published and made available for
				  review and comment to groups designated in the JTPA, any specific groups
				  required by the Division and the public, at least 120 days before the beginning
				  of the first of the two program years covered by the job training plan. The
				  final plan must be published not less than 80 days before the beginning of the
				  first of the two program years. The final plan must be submitted in writing not
				  less than 80 days before the beginning of the first of the two program
				  years.
(c) The job training plan
				  shall be submitted in a format required by the Division. It must have received
				  the approval of the private industry council, and bear the signature of that
				  chairperson, and the chief elected official(s), and bear the signature(s) of
				  the official(s). It shall address all the requirements in Section 104 of the
				  JTPA.
(d) Modifications shall be
				  treated in the same manner as plans, except that publication 120 days in
				  advance of the first of the two program years is not required. Modifications
				  must be published and submitted at least 80 days before their effective date.
				  Amendments of a minor matter not effecting a material change in the job
				  training plan may be deemed by the Division to constitute clarifications rather
				  than modifications.
(e) The
				  Governor, upon recommendation of the State Job Training Coordinating Council,
				  will approve job training plans and modifications unless he finds that a
				  condition identified in Section 105(b) of the JTPA is present or that the plan
				  or modification violates state law. Approval or disapproval will occur within
				  30 days of submission of the plan or modification, except as described in
				  Paragraphs (f) or (g) of this Rule.
(f) Individuals who represent a substantial
				  client interest and took appropriate steps to present his or her views and seek
				  resolution prior to submission of the plan to the Governor may, upon
				  demonstration of such qualification, petition the Director, as delegate of the
				  Governor, to disapprove a plan or modification, provided that the petition must
				  be in writing received within 15 days of submission of the plan or modification
				  or within 10 days of submission of a resubmitted plan or resubmitted
				  modification and that the petition must specify that the request is based on a
				  violation of statutory requirements in the plan itself. Petitions that fail to
				  comply with the requirements of this Paragraph will not be considered. If the
				  Governor approves the plan, the Director, as delegate of the Governor, will
				  notify the petitioner of the approval and the reasons thereof. If a petition is
				  filed, the time for approval or disapproval of an original plan or modification
				  shall be extended an additional 15 days.
(g) In the event of disapproval of a job
				  training plan or modification, the Director will notify the chairperson of the
				  private industry council and the chief elected official(s), who shall have 20
				  days from receipt of that notice to file with the Director a correction of the
				  deficiencies in plan or modification. The Governor shall review and approve or
				  disapprove the resubmitted plan or modification within 15 days, which 15 days
				  may not be extended by a petition under Paragraph (e) of this Rule, although a
				  petition that satisfies the requirements of Paragraph (e) of this Rule will be
				  considered.
(h) In the event of
				  disapproval of a plan or modification or a resubmitted plan or modification,
				  the chairperson of the private industry council, jointly and in writing, may
				  appeal the disapproval to the Secretary of Labor, as set forth in
				  20 C.F.R.
				  628.5(c) provided such
				  appeal is received within 30 days of receipt of the disapproval, that a copy of
				  the appeal is simultaneously provided to the Secretary of Labor, and that
				  federal requirements are met.
(i)
				  In the event that approval or disapproval is not made within the time required
				  by these Rules, the existing job training plan shall continue to control the
				  operation of activities by the service delivery area administrative entity
				  until approval or disapproval.
(j)
				  In the event of disapproval of a job training plan and expiration of the prior
				  approved job training plan, the Director may elect to continue operation under
				  the prior approved job training plan until correction of deficiencies,
				  resubmission and approval or until resolution of an appeal by the service
				  delivery area private industry council and chief elected official(s) of the
				  disapproval, or the Director may elect to take appropriate measures to assure
				  the operation of job training activities in the service delivery area
				  consistent with state law and policy and federal law during resolution of the
				  appeal of disapproval, provided that such measures may not be punitive and
				  shall be consistent with the job training plans approval for other service
				  delivery areas.
(k) In the event of
				  further administrative or civil action by a petitioner under Paragraph (e) of
				  this Rule after the Governor has approved a job training plan or modification,
				  the plan or modification shall not be delayed by the further action unless
				  ordered by a tribunal of competent jurisdiction, by the Secretary of Labor or
				  by the Governor in his discretion, which discretion shall not be exercised
				  unless there is a likelihood of substantial injury to the petitioner's client
				  interest and unless there is insubstantial harm from delay.
(l) The Rural Service Delivery area is not
				  the state, under Section 105(d) of the JTPA, and shall submit its job training
				  plan and any modification to the Governor.
Authority
					 G.S.
					 143B-430(b);
					 20 C.F.R.
					 628.4; Ex. O. No. 93, June 8,
					 1983;
Eff. February 1, 1976;
Transferred from T01: 18
					 Eff. September 15, 1981;
Amended Eff. August 1, 1988; October 1,
					 1984; August 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.