reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 19 - RURAL ECONOMIC DEVELOPMENT › Subchapter S - HOME REGULATIONS › Section .0300 - THRESHOLD FOR DIRECT HUD PARTICIPATION › Section 19S .0301 - REPEALED - PARTICIPATION THRESHOLD AMOUNT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-431; 24 C.F.R. Part
					 92;
Eff. November 2, 1992;
Repealed Eff. January 1,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 19 - RURAL ECONOMIC DEVELOPMENT › Subchapter S - HOME REGULATIONS › Section .0400 - HOME PROGRAM FUNDING DISTRIBUTION › Section 19S .0401 - REPEALED - DISTRIBUTION OF FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-431; 24 C.F.R. Part
					 92;
Eff. November 30, 1992;
Repealed Eff. January 1,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 19 - RURAL ECONOMIC DEVELOPMENT › Subchapter S - HOME REGULATIONS › Section .0400 - HOME PROGRAM FUNDING DISTRIBUTION › Section 19S .0402-.0404

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-431; 24 C.F.R. Part
					 92;
Eff. November 2, 1992;
Repealed Eff. January 1,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 19 - RURAL ECONOMIC DEVELOPMENT › Subchapter S - HOME REGULATIONS › Section .0500 - COMMUNITY HOUSING DEVELOPMENT ORGANIZATION CATEGORY › Section 19S .0501-.0503

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-431; 24 C.F.R. Part
					 92;
Eff. November 2, 1992;
Repealed Eff. January 1,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 19 - RURAL ECONOMIC DEVELOPMENT › Subchapter S - HOME REGULATIONS › Section .0600 - HOME CONSORTIA CATEGORY › Section 19S .0601-.0603

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-431; 24 C.F.R. Part
					 92;
Temporary Adoption Eff. July 17, 1992 for a period of 180 days
					 or until the permanent rule becomes effective, which ever is
					 sooner;
Eff. November 2, 1992;
Repealed Eff. January 1,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 19 - RURAL ECONOMIC DEVELOPMENT › Subchapter S - HOME REGULATIONS › Section .0700 - HOUSING PROJECT CATEGORY › Section 19S .0701-.0704

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-431; 24 C.F.R. Part
					 92;
Eff. November 2, 1992;
Repealed Eff. January 1,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 19 - RURAL ECONOMIC DEVELOPMENT › Subchapter S - HOME REGULATIONS › Section .1000 - COMPLIANCE REQUIREMENTS › Section 19S .1001-.1009

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-431; 24 C.F.R. Part
					 92;
Eff. November 2, 1992;
Repealed Eff. January 1,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 19 - RURAL ECONOMIC DEVELOPMENT › Subchapter S - HOME REGULATIONS › Section .1100 - GRANT ADMINISTRATION › Section 19S .1101-.1110

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-10;
					 143B-431; 24 C.F.R. Part
					 92;
Eff. November 2, 1992;
Repealed Eff. January 1,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter A - GENERAL PROVISIONS › Section 20A .0102 - APPLICABILITY OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in Chapter 20 govern the funding, selection,
				  designation, administration and operation of grants, subgrants, contracts and
				  subcontracts funded by federal and state employment and training grants
				  administered through the Division. Provisions in these Rules apply to
				  individuals and entities that receive or desire to receive these grant funds,
				  directly or indirectly, except that employment relationships and agency
				  relationships between the Division and its employees, employees of the
				  Department's Administrative Hearing Office, employees of the Department's
				  Office of Legal Affairs, the Private Sector Policy Coordinator and the
				  designated attorney in the Office of the Attorney General for the Division,
				  shall not be considered contracts or subcontracts under Chapter
				  20.
Authority
				  G.S.
				  143B-430(b);
Eff. July 1, 1980;
Temporary Amendment Eff. July 25, 1991 for a
				  period of 180 days to expire on January 21, 1992;
Amended Eff.
				  December 1, 1991; October 1, 1984; August 1, 1982;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter A - GENERAL PROVISIONS › Section 20A .0103 - FUNCTIONS AND LOCATION OF THE DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				functions of the Division are:
(1) To
				administer federal grants awarded to the Governor under federal employment and
				training legislation, including JTPA;
(2) To provide staff for the State Job
				Training Coordinating Council and such other councils as required by federal
				law;
(3) To provide administrative
				and information services to subgrantees and division contractors to conduct
				employment and training activities;
(4) To manage programs and resources, through
				written agreements with subgrantees and contractors to carry out employment and
				training policies and activities;
(5) To perform functions, as the delegate of
				the Governor, reserved for the Governor in the Job Training Partnership
				Act;
(6) To promote efficient
				management and coordination of job training programs in order to maximize the
				benefits of these programs to the citizens of North Carolina; and
(7) To promote an active, effective
				partnership between local and state agencies and private business in providing
				job training.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter A - GENERAL PROVISIONS › Section 20A .0104 - REQUESTS FOR INFORMATION BY THE PUBLIC

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Anyone may
				request information on any rule, procedure, subgrant or contract administered
				by the Division by writing to the Director at the Division mailing
				address.
(b) A fee set by the
				Director will be charged for reproduction of public documents.
(c) All requests for information shall be
				subject to state and federal restrictions on dissemination of non-public
				documents.
Authority
				  G.S.
				  132-1 through
				  132-9;
				  143B-430(b);
				  Ex. O. 93, June 8, 1983;
Eff. October 1, 1984;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. April 27,
				  2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0100 - DESIGNATION OF SERVICE DELIVERY AREAS › Section 20B .0101 - DESIGNATION OF SERVICE DELIVERY AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Governor, after recommendations from the State Job Training Coordinating
				  Council, designates service delivery areas, including the Rural Service
				  Delivery Area, to promote the efficient delivery of job training services
				  throughout the state, consistent with the requirements of Section 101 of
				  JTPA.
(b) The Rural Service
				  Delivery Area includes units of government that did not individually or in
				  combination with any other units of government seek or qualify for designation
				  as a service delivery area other than as a unit of government within the Rural
				  Service Delivery Area. The Rural Service Delivery Area was designated to
				  facilitate the provision of employment and training services to citizens of
				  those units of government.
(c)
				  Requests or petitions for designation as a service delivery area must be timely
				  received by the Director, according to schedules published by the Director.
				  Requests or petitions must be approved by the State Job Training Coordinating
				  Council, where necessary, in compliance with Section 101 of JTPA.
(d) The right to designation as a service
				  delivery area under Section 101 of JTPA may be forfeited in the event that
				  subgrant funds are grossly or abusively misappropriated, or the activities are
				  grossly or abusively maladministered. The Governor reserves the right, after
				  procedures required herein, to determine that the designation of a particular
				  service area would not serve the best interests of the residents of the area
				  and would not protect the integrity of funds that the state may be liable to
				  recoup to USDOL in the event of misexpenditure.
Authority
					 G.S.
					 143B-430(b);
					 20 C.F.R.
					 628.1; Ex. O. No. 93, June 8,
					 1983;
Eff. February 1, 1976;
Transferred from T01: 18
					 Eff. September 15, 1981;
Amended Eff. October 1, 1984; August 1,
					 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0100 - DESIGNATION OF SERVICE DELIVERY AREAS › Section 20B .0102 - REDESIGNATION OF SERVICE DELIVERY AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Service
				  delivery areas may be redesignated from time to time, as permitted in JTPA and
				  by this Chapter 20. Redesignations may be initiated by a voluntary petition for
				  redesignation, by a notice of failure to agree on a job training plan or by
				  involuntary redesignation.
(b)
				  Voluntary petitions for redesignation.
(1) A
				  unit of government or a consortium of units of government may seek
				  redesignation by the filing of a petition for redesignation. The petition will
				  request the realignment of the service delivery area(s) that the unit(s) of
				  government currently fall within and the designation of either a new service
				  delivery area or the inclusion of the petitioning unit(s) of government in an
				  existing service delivery area.
(2)
				  A redesignation petition must state the basis on which the unit(s) of
				  government qualify as a service delivery area, a statement of reasons for the
				  redesignation request, a copy of the proposed consortium agreement, if any, a
				  summary of the steps to be taken to procure public comment on the
				  redesignation, including a schedule on which the steps should be taken, the
				  effect, if any, on the current service delivery area(s) of the unit(s) of
				  government and the effect of redesignation on the provision of services within
				  the current service delivery area(s).
(3) The redesignation petition must be filed
				  with the Director, with a copy to the chairperson(s) of the private industry
				  council(s) in the present service delivery area(s), at a time sufficiently in
				  advance of the proposed designation to permit publication, comment and approval
				  of the redesignation at least four months prior to the beginning of the program
				  year with which the redesignation would be effective.
(4) Voluntary redesignation of a service
				  delivery area may not occur any more often than once every two years, provided
				  that inclusion of additional units in or removal of units from the Rural
				  Service Delivery Area shall not be subject to this restriction.
(5) Petitions for redesignation may be filed
				  by unit(s) of government in a service delivery area that is subject to a
				  reorganization plan under Section 106(h) of JTPA, at any time, which petition
				  the Governor will endeavor to accommodate.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0100 - DESIGNATION OF SERVICE DELIVERY AREAS › Section 20B .0103-0108

Current through Register Vol. 39, No. 2, July 15, 2024
Legislative Objection
					 Lodged Eff. March 9, 1983;
Statutory Authority
					 G.S.
					 132-1;
					 132-6;
					 143B-430(b);
					 150B-2(2);
					 150B-11;
					 150B-23;
Eff.
					 February 1, 1976;
Transferred from T01: 18 Eff. September 15,
					 1981;
Amended Eff. March 1, 1983; August 1, 1982;
Repealed Eff. October 1, 1984.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0100 - DESIGNATION OF SERVICE DELIVERY AREAS › Section 20B .0109 - REPEALED - COMPLAINTS: DEMONSTRATED EFFECTIVENESS: CONTRACT BIDS

Current through Register Vol. 39, No. 2, July 15, 2024
Legislative Objection
					 Lodged Eff. March 9, 1983;
Statutory Authority
					 G.S.
					 143B-430(b);
					 150B-2(2);
					 150B-11;
					 150B-23;
Eff. March
					 1, 1983;
Repealed Eff. October 1,
					 1984.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0200 - PLANNING AND CONTRACTING › Section 20B .0202 - JOB TRAINING CONTRACTS BY THE DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division may enter into written contracts for the operation or administration
				  of job training activities, or any part of them, with contractors. Bidders, in
				  the case of requests for proposals, or prospective contractors, when there is
				  no formal request for proposals, must submit an application in a form required
				  by the Division, which must be accurately completed, signed by an authorized
				  signatory and received by the Division in accordance with the schedule
				  established by the Division.
(b)
				  Only entities that fulfill the following criteria will be eligible to receive a
				  contract:
(1) As to units of government,
				  including state agencies, the entity must be in compliance with all applicable
				  federal and state statutes dealing with accounting and budgeting, must be
				  cooperating in the resolution and collection of previously disallowed costs, if
				  any, in a previously funded employment and training program (provided that the
				  pursuit of appeals shall not constitute failure to cooperate), and must be
				  willing to accept responsibility for contract funds, including any potential
				  future liability that may arise out of the use of the contract funds.
(2) As to non-governmental bidders and
				  prospective contractors, including profit and non-profit organizations, the
				  entity must have an accounting system including a designated finance officer
				  and internal fiscal controls, that are compatible with the reporting systems
				  required by USDOL and the Division and that satisfy the Division of the fiscal
				  integrity of contract funds. The entity must be capable of providing the
				  Division with assurances, through past performance or otherwise, that it will
				  comply fully with federal and state regulations, and the entity must be willing
				  to accept responsibility for the contract funds, including any potential future
				  liability that may arise out of the use of the contract funds.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0200 - PLANNING AND CONTRACTING › Section 20B .0204-0205

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-430(b) through 279;
					 20 C.F.R.
					 676.51 through
					 54;
Eff. February 1,
					 1976;
Transferred from T01: 18 Eff. September 15, 1981;
Amended Eff. August 1, 1982;
Repealed Eff. October 1,
					 1984.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0200 - PLANNING AND CONTRACTING › Section 20B .0206-0208

Current through Register Vol. 39, No. 2, July 15, 2024
Authority Title VI of
					 the Civil Rights Act of 1964; Title VII of the Civil Rights Act
of
					 1964, as amended by the Equal Opportunity Act of 1972; Federal Executive
					 Order
11246, as amended by Executive Order 113.75; Comprehensive
					 Employment and
Training Act of 1973, as amended by
					 Public Law
					 93-567; 143B-430(b);
Eff. February 1,
					 1976;
Transferred From T01: 18 Eff. September 15, 1981;
Repealed Eff. August 1, 1982.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0300 - FISCAL STANDARDS › Section 20B .0301 - BUDGETING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subgrantees and
				  contractors shall prepare estimated budgets as described in division
				  instructions, consistent with federal regulations and shall submit the budgets
				  as part of their job training plans or contract applications. Amendments to or
				  deviations from the budget shall be governed by the subgrant agreement or the
				  contract document.
(b) Each
				  subgrantee and contractor shall maintain its budget in accordance with the
				  provisions of the applicable budget and fiscal control acts in the General
				  Statutes, the subgrant or contract and the federal law.
Authority
					 G.S.
					 143B-430(b);
					 159-7; Ex. O. No. 93, June 8,
					 1983; OMB Circular A-102, January, 1981;
Eff. February 1,
					 1976;
Transferred from T01: 18 Eff. September 15, 1981;
Amended Eff. October 1, 1984; August 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0300 - FISCAL STANDARDS › Section 20B .0302 - ACCOUNTING STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
Accounting systems of subgrantees and contractors must be
					 created and maintained to provide fiscal integrity, cash management as required
					 by the United States Department of the Treasury, access to fiscal information
					 for monitoring and as required for federal and state reporting and the creation
					 of auditable books and records. The Division may develop specific accounting
					 procedures to effectuate those goals, which, when developed and formally issued
					 as required by the contract and subgrant agreements, shall become terms of the
					 contract and subgrant agreements.
Authority
					 G.S.
					 143B-430(b);
					 159-7; OMB Circular A-102,
					 January, 1981; Ex. O. 93, June 8, 1983;
Eff. February 1,
					 1976;
Transferred from T01: 18 Eff. September 15, 1981;
Amended Eff. October 1, 1984; August 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0300 - FISCAL STANDARDS › Section 20B .0305 - REPEALED - ADMINISTRATION OF THE PLANS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-430(b) through 279;
					 20 C.F.R.
					 676.37:
Eff. February 1,
					 1976;
Transferred from T01: 18 Eff. September 15, 1981;
Amended Eff. August 1, 1982;
Repealed Eff. October 1,
					 1984.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0300 - FISCAL STANDARDS › Section 20B .0306-0307

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-430(b);
					 143B-395;
					 P.L.
					 93-203 as amended by
					 P.L.
					 93-567;
Eff. February 1,
					 1976;
Transferred From T01: 18 Eff. September 15, 1981;
Repealed Eff. August 1, 1982.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0400 - PERSONNEL STANDARDS FOR SUBRECIPIENTS › Section 20B .0401 - GENERAL PERSONNEL STANDARDS FOR SUBRECIPIENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Proper and efficient administration of employment and
					 training programs requires proper and efficient personnel administration within
					 a subrecipient's organization and in cooperation with federal, state and local
					 agencies involved in administering employment and training activities.
					 Subrecipients should engage in activities to enhance efficiency such as clear
					 organization structure, definition of job functions, recruitment and employment
					 of qualified personnel and the development of individual employee
					 efficiency.
Authority G.S. 126;
					 143B-430(b); Ex. O. 93, June 8, 1983;
					 20 C.F.R.
					 628.3;
					 5 C.F.R. 900, Subpart
					 F;
Eff. February 1, 1976;
Transferred from T01: 18 Eff.
					 September 15, 1981;
Amended Eff. October 1, 1984; August 1,
					 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0400 - PERSONNEL STANDARDS FOR SUBRECIPIENTS › Section 20B .0402-.0403

Current through Register Vol. 39, No. 2, July 15, 2024
Authority G.S. 115C,
					 Subchapter V (Rule .0403); 126-1 (Rule .0403); 143-16; 143-16.1; 143-341;
					 143B-430(b); 5 C.F.R.
					 900, Subpart F (Rule .0402);
					 20 C.F.R.
					 629.1 (Rule .0402);
Eff. February
					 1, 1976;
Transferred from T01: 18 Eff. September 15,
					 1981;
Amended Eff. October 1, 1984; August 1, 1982;
Repealed Eff. July 1, 2012.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0400 - PERSONNEL STANDARDS FOR SUBRECIPIENTS › Section 20B .0404 - CERTAIN POLITICAL ACTIVITIES PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  federal Political Activities Act, commonly referred to as the Hatch Act, places
				  certain restrictions on the political activity of individuals employed in
				  federally funded activities. The Hatch Act is applicable to subrecipient
				  employees who are covered by the definitions in the act.
(b) Technical assistance in the
				  interpretation and application of the act is available from the Office of the
				  Special Counsel of the United States Merit Systems Protection Board, 1120
				  Vermont Avenue, N.W., Washington, D.C., 20419.
Authority
					 G.S.
					 143-16;
					 143-16.2;
					 143-341;
					 143B-430(b);
					 5 U.S.C.
					 1502(a)(3);
					 5 U.S.C. 1503;
					 20 C.F.R.
					 629.3;
Eff. February 1,
					 1976;
Transferred from T01: 18 Eff. September 15, 1981;
Amended Eff. October 1, 1984; August 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0400 - PERSONNEL STANDARDS FOR SUBRECIPIENTS › Section 20B .0405-0411

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-430(b);
					 143B-395;
					 P.L.
					 93-203 as amended by
					 P.L.
					 93-567;
Eff. February 1,
					 1976;
Transferred From T01: 18 Eff. September 15, 1981;
Repealed Eff. August 1, 1982.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0400 - PERSONNEL STANDARDS FOR SUBRECIPIENTS › Section 20B .0412 - NON DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Subrecipients shall not discriminate against any employee, including
				  participants and potential beneficiaries of employment and training programs or
				  projects because of race, color, sex, religion, handicap, political affiliation
				  or national origin. This applies to all programs, projects or activities funded
				  in whole or in part with federal employment and training funds received
				  directly or indirectly through the Division.
(b) Each subgrantee and division contractor
				  is responsible for designating an equal employment opportunity officer, who
				  shall be responsible for assuring that discrimination does not occur in that
				  subrecipient's programs or projects. The Division may require the equal
				  employment opportunity officer to certify the procedures by which the officer
				  secured that assurance. The equal employment officer for a subrecipient is also
				  responsible for the development of a grievance procedure that provides an
				  opportunity for hearings that USDOL designates are not the primary
				  responsibility of USDOL. The equal employment officer is responsible for
				  disseminating information to employees and participants concerning the
				  subrecipient's nondiscrimination policy and the grievance procedures.
(c) Division contractors may request that the
				  Division provide equal employment opportunity services for the
				  contractor.
(d) All subrecipients
				  will be subject to periodic review for compliance with Paragraph (a) of this
				  Rule, which review will be made by division staff. Division staff may recommend
				  corrective measures to assure nondiscrimination, and, in the event of failure
				  to correct deficiencies, the Director may impose such sanctions as are
				  available under the contract or subgrant for failure to comply with a term of
				  the contract or subgrant.
Authority
					 G.S.
					 143-16;
					 143-16.1;
					 143-341;
					 143B-430(b);
					 Ex. O. 93, June 8, 1983; 20
					 C.F.R. 629.3;
Eff. October 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0400 - PERSONNEL STANDARDS FOR SUBRECIPIENTS › Section 20B .0413 - NEPOTISM PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subrecipients
				  must include provisions in their personnel policies guarding against nepotism.
				  The nepotism prohibition should apply to subrecipient staff.
(b) At a minimum the nepotism provisions
				  should prohibit the employment of two or more members of an immediate family
				  within the same agency if such employment will result in one member supervising
				  another member of his or her immediate family, or where one member occupies a
				  position that has influence over the other's employment, promotion, salary
				  administration or other related management or personnel considerations, except
				  where such functions are wholly ministerial.
(c) All subrecipients must ensure that the
				  selection of program participants is protected from undue consideration being
				  granted to immediate family of program or administrative staff
				  members.
Authority
					 G.S.
					 14-234;
					 143B-430(b);
Eff. October 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0500 - REPORTING AND EVALUATION › Section 20B .0501 - REPORTING AND RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each subgrantee
				  and division contractor is required to report data to the Division in a manner
				  prescribed by the Division. The Division shall require the reporting of such
				  data as is necessary for the administration of an effective, efficient and
				  complying program and is necessary for preparation of reports as required by
				  USDOL.
(b) To the extent that
				  automated or electronic data systems can be utilized to gather, prepare and
				  disseminate such reports, the subgrantee and contractor should endeavor to use
				  such systems. The Division will provide guidance and technical assistance
				  regarding standards for data formats, files and other related aspects of a
				  system.
(c) Records relating to
				  funded activities must be maintained for at least three years from the close of
				  the fiscal year in which the activities were conducted. In the event that an
				  audit has been conducted that identifies questioned costs, the records must be
				  maintained until final resolution of the questioned costs (through recoupment
				  or allowance) by USDOL or in a court of last resort.
(d) The Division shall endeavor to utilize
				  available automated or electronic data systems to facilitate reporting, by
				  developing reporting formats compatible with such systems and by permitting
				  reporting and recordkeeping through such systems.
(e) Every subrecipient shall be obligated to
				  notify the Division by the quickest means appropriate of all violations or
				  reasonable suspicion of violations occurring in any funded activity or in the
				  administration of an entity that manages or operates funded activities. The
				  subrecipients shall inform all staff that they have an independent obligation
				  to make such reports. It shall be a violation of these Regulations and a ground
				  for revocation of funding to take retaliatory action in any way against any
				  person who reports alleged misconduct under this Paragraph.
Authority
					 G.S.
					 143-16;
					 143-16.1;
					 143-341;
					 143B-430(b);
					 Ex. O. 93, June 8, 1983; 20
					 C.F.R. 529.35;
					 41 C.F.R. 29-70.203;
Eff. November 17, 1976;
Transferred from T01: 18; Eff. September
					 15, 1981;
Amended Eff. October 1, 1984; August 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0500 - REPORTING AND EVALUATION › Section 20B .0503-0504

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-430(b);
					 143B-341;
					 20 C.F.R.
					 676.7(c);
Eff.
					 November 17, 1976;
Transferred from T01: 18 Eff. September 15,
					 1981;
Amended Eff. August 1, 1982;
Repealed Eff.
					 October 1, 1984.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0600 - AUDIT STANDARDS › Section 20B .0601 - ANNUAL FINANCIAL AND COMPLIANCE AUDIT

Current through Register Vol. 39, No. 2, July 15, 2024
Unless specifically permitted to conduct a financial and
					 compliance audit every two years or unless exempted from this Section, each
					 subrecipient shall have an annual financial and compliance audit by an
					 independent audit organization. Audits shall be conducted in accordance with
					 the applicable auditing standards established by the General Accounting Office,
					 the Comptroller General (in Standards for Audit of Governmental Organizations,
					 Programs, Activities and Functions) and the American Institute of Certified
					 Public Accountants and any compliance supplements issued by the State Of North
					 Carolina. Two copies of the audit and a management letter, which may be
					 separate from the audit, shall be provided to the Division by the
					 auditor.
Authority
					 G.S.
					 143B-430(b); Ex. O. 93, June
					 8, 1983; 20 C.F.R.
					 629.42; OMB Circular A-102, January
					 1981;
Eff. November 17, 1976;
Transferred from T01: 18
					 Eff. September 15, 1981;
Amended Eff. October 1, 1984; August 1,
					 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0600 - AUDIT STANDARDS › Section 20B .0602 - AUDIT CONTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division
				  policy on JTPA audits is that each subrecipient shall have an annual single
				  audit pursuant to Attachment "P" of the Office of Management and Budget, that
				  is a financial and compliance audit of an entity on an organization-wide basis
				  rather than an audit of JTPA subgrants or contracts only. Exceptions to this
				  policy will be made only to the extent permitted by USDOL or the Division
				  pursuant to Rule .0603 of this Section or otherwise excepted by the Division
				  and acknowledged in writing by the Director.
(b) The service delivery grant recipient is
				  responsible for assuring that its contractors and subcontractors have annual
				  financial and compliance audits, and the delegation of that responsibility to
				  the contractors and subcontractors shall not relieve the service delivery area
				  grant recipient of that responsibility.
(c) The auditor should be selected and report
				  to the governing board or commission of a subrecipient. The selection of an
				  auditor should be made in accordance with procurement requirements. The audit
				  contract should be in writing and shall contain all appropriate terms and
				  conditions, including access of the Division to audit workpapers for use in
				  audit resolution. Specific mention shall be made in the contract of the scope
				  of the audit, completion date, financial statements to be provided, and
				  assurance that the statements will be in a generally accepted format for such
				  funds. Attachment "P" of the Office of Budget and Management Circular A-102
				  should be provided to the auditor.
(d) The costs of such audits shall be borne
				  by the subrecipient and are allowable administrative expenses, provided the
				  costs are reasonable and subject to applicable limitations on administrative
				  expenses. The Division may determine to bear the costs of all or some of such
				  audits, but shall not be required to do so.
Authority G.S. Ex. O.
					 93, June 8, 1983; 20 C.F.R.
					 629.42;
					 143B-430(b); OMB
					 Circular A-102, January, 1981;
Eff. November 17, 1976;
Transferred from T01: 18; Eff. September 15, 1981;
Amended Eff.
					 October 1, 1984; August 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0600 - AUDIT STANDARDS › Section 20B .0603 - EXCEPTIONS TO AUDIT REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless
				  otherwise directed by federal or state law or by federal directive,
				  subrecipients who provide services, other than job training services, or who
				  provide goods and provide no other services under the grant activities shall
				  not be subject to audit under Rule .0601 of this Section.
(b) Subrecipients who have been specifically
				  excluded or who are within a group that has been specifically excluded from the
				  audit requirements by the Secretary of Labor shall not be subject to audit
				  under Rule .0601 of this Section.
Authority Ex. O. 93,
					 June 8, 1983; 20 C.F.R.
					 629.42;
					 143B-430(b); OMB
					 Circular 102, January, 1981;
Eff. November 17, 1976;
Transferred from T01: 18 Eff. September 15, 1981;
Amended Eff.
					 October 1, 1984; August 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0600 - AUDIT STANDARDS › Section 20B .0604 - AUDIT RESOLUTION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The auditor
				  that conducts a financial and compliance audit of a subrecipient has the
				  responsibility to identify questioned costs in funded activities. The failure
				  of the auditor to identify questioned costs shall not prevent the Division or
				  USDOL from identifying questioned costs. The Division may identify questioned
				  costs at any time, including prior to audit as during monitoring, except that
				  the Division will not identify questioned costs after acceptance of the audit
				  and audit resolution by USDOL.
(b)
				  The Division will make the initial determination on the allowability of
				  questioned costs in audits. The Division will be guided in its determination by
				  its audit resolution manual, which is updated as necessary and which is
				  available for inspection by the public. The Division is not bound by its
				  initial determination, as the determination may be overturned by USDOL. The
				  subrecipient is responsible for cooperating in the gathering of information to
				  support allowability. The Division shall not be required to resolve the
				  questioned costs of a subrecipient who fails to cooperate in audit
				  resolution.
(c) The subrecipient is
				  responsible for preparing documentation in a timely fashion for the Division to
				  submit to USDOL to support an application for a waiver of liability under
				  Section 164 of the JTPA.
(d) USDOL
				  makes the final decisions on the acceptability of audits and on the allowance,
				  waiver of liability or disallowance of questioned costs in audits.
(e) A subrecipient may seek administrative
				  review of a determination by the Division to disallow costs that were
				  questioned in an audit or of a division order to recoup disallowed costs that
				  have been disallowed by USDOL. The failure to seek administrative review within
				  thirty days of receipt of such a determination may result in an order of the
				  Secretary authorizing recoupment.
Authority
					 G.S.
					 143B-430(b); Ex. O. 93, June
					 8, 1983; 20 C.F.R.
					 629.42; OMB Circular 102, January,
					 1981;
Eff. November 17, 1976;
Transferred from T01: 18
					 Eff. September 15, 1981;
Amended Eff. October 1, 1984; August 1,
					 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0700 - STATE JOB TRAINING COORDINATING COUNCIL › Section 20B .0701 - MEMBERSHIP AND FUNCTIONS OF COUNCIL

Current through Register Vol. 39, No. 2, July 15, 2024
The State Job Training Coordinating Council is constituted
					 according to Section 122 of the Job Training Partnership Act. The functions of
					 the council shall include, but not be limited to, the functions identified in
					 Section 122 and elsewhere in federal law. The Division provides the staff
					 services required for the council to provide its functions.
Authority
					 G.S.
					 143B-430(b); Ex. O. 93, June
					 8, 1983; 20 C.F.R.
					 627.4;
Eff. August 1,
					 1982;
Amended October 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0700 - STATE JOB TRAINING COORDINATING COUNCIL › Section 20B .0702 - ACTIONS AGAINST THE COUNCIL OR COUNCIL MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All actions
				  against the council or against a council member in his or her capacity as a
				  council member or against a council member in his or her individual capacity
				  alleging misfeasance, malfeasance or nonfeasance in his or her role as a
				  council member shall be brought by filing a complaint in accordance with
				  Subchapter 20C .0002.
(b) Members
				  of the council shall only be liable in the event that the complainant
				  establishes by a preponderance of the evidence that such member(s) engaged in
				  misconduct that constituted fraud. Complaints that fail to allege facts
				  constituting fraud shall be dismissed.
(c) Awards or damages shall be limited to
				  actual losses of the complainant. Council members are not individually liable
				  for any award against the council.
(d) Class action complaints are not
				  permitted, except in extraordinary circumstances.
Authority
					 G.S.
					 143B-430(b); Ex. O. 93, June
					 8, 1983; 20 C.F.R.
					 629.51;
Eff. August 1,
					 1982;
Amended August 1, 1988; October 1, 1984;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0700 - STATE JOB TRAINING COORDINATING COUNCIL › Section 20B .0703-0704

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-430(b);
					 143B-341;
					 20 C.F.R.
					 679.3-5;
Eff. August 1,
					 1982;
Repealed Eff. October 1,
					 1984.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0800 - MISCELLANEOUS PROVISIONS › Section 20B .0801 - COOPERATIVE AGREEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division is authorized to execute any cooperative
					 agreement, including interstate agreements, that the governor is permitted to
					 execute under the Job Training Partnership Act or in furtherance of employment
					 and training activities, but only to the extent such agreements are permitted
					 by state law.
Authority
					 G.S.
					 143B-430(b); Ex. O. 93, June
					 8, 1983; 20 C.F.R.
					 627.5;
Eff. October 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0800 - MISCELLANEOUS PROVISIONS › Section 20B .0802 - STATE LABOR MARKET INFORMATION SYSTEM DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Governor shall designate a state agency as responsible
					 for oversight and management of a statewide comprehensive labor market and
					 occupational supply and demand information system under Section 125 of the
					 JTPA.
Authority
					 G.S.
					 143B-430(b); Ex. O. 93, June
					 8, 1983; P.L.
					 97-300,
					 Section
					 125;
Eff. October 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0800 - MISCELLANEOUS PROVISIONS › Section 20B .0803 - WAIVER UNDER SECTION 108(C) OF JTPA

Current through Register Vol. 39, No. 2, July 15, 2024
Waiver requests under Section 108(c) of the JTPA must be
					 filed by subrecipients with the Division when a waiver is sought. The request
					 must meet the requirements of the Act and will be reviewed by the Division on a
					 case by case basis. The burden of proof to support the terms
					 "disproportionately high" and "substantial portion" of participants shall be
					 with the subrecipient.
Authority
					 G.S.
					 143B-430(b); Ex. O. 93, June
					 8, 1983; 20 C.F.R.
					 629.21;
Eff. October 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0800 - MISCELLANEOUS PROVISIONS › Section 20B .0804 - DIVISION DIRECTIVES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) SDA Issuances
				  include information that represents an official communication of a policy or
				  issue interpretation. The SDA issuances become, under the terms of the subgrant
				  agreement, a part of that agreement. An issuance will be printed on department
				  letterhead, will be numbered sequentially for each calendar year and will be
				  signed by the Director. Issuances may be provided in draft form to subgrantees
				  and contractors for their assistance in finalizing policy or developing
				  interpretations. An issuance will not, however, represent the official position
				  of the Division until such time as the elements in this Rule are present.
				  Subgrantees and contractors should retain the directives.
(b) Technical Assistance Packages represent
				  advice on technical issues, examples of compliance methodology, sample
				  documents for subrecipient consideration in their activities and other data
				  such as program/project sharing information. These packages are printed on
				  department letterhead, number sequentially and initialled by the Planning and
				  Program Management Coordinator.
(c)
				  JTPA Bulletins include information of a general or public nature. The bulletins
				  may include items submitted by subgrantees or contractors. Bulletins are
				  printed on a special heading, numbered sequentially by calendar year and signed
				  by the Director.
Authority
					 G.S.
					 143B-430(b); Ex. O. 93, June
					 8, 1983;
Eff. October 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 27,
					 2019.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0800 - MISCELLANEOUS PROVISIONS › Section 20B .0805 - SECTARIAN ACTIVITIES PROHIBITED

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Participants may not be placed in prohibited sectarian activities.
(b) Sectarian activities prohibited under
				  JTPA are:
(1) Any activity involved in the
				  construction, including remodeling, of a facility that is used or is intended
				  to be used as a place of sectarian instruction or as a place of religious
				  worship, except as such activities may be a minimal or incidental activity with
				  relation to the primary use of the facility, such as the construction of a
				  community center that would permit use or rental or rooms by any community
				  group, including sectarian organizations.
(2) Any activity involved in the operation or
				  maintenance of those portions of a facility that are used as places of
				  sectarian instruction or worship, except where such activities are minimal or
				  incidental with relation to the primary use of those portions of the
				  facility.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0900 - EMPLOYMENT AND TRAINING GRANT PROGRAM › Section 20B .0901-.0902

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-438.6;
Filed as a Temporary
					 Adoption Eff. July 25, 1991 for a period of 180 days to expire on January 21,
					 1992;
Eff. December 1, 1991;
Repealed Eff. July 1,
					 2012.