North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 20 - EMPLOYMENT AND TRAINING › Subchapter B - ADMINISTRATIVE PROVISIONS › Section .0500 - REPORTING AND EVALUATION › Section 20B .0502 - EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Subrecipients
				  shall assist the Division, USDOL, and, if applicable, the private industry
				  council in the service delivery area and/or the State Job Training Coordinating
				  Council, or any agent of them, in conducting evaluations, monitoring and
				  assessment of their funded activities. This requirement includes access to
				  local records (including the records of on-the-job training and tryout
				  employment employers), staff and participants and, if requested, the
				  participation of local staff on evaluation task forces and at workshops. The
				  Division will be responsible for ensuring the subrecipients are informed as
				  soon as possible about evaluation and monitoring needs and emphasis will be
				  placed on minimizing disruption of subrecipient operation. Unless the
				  regulations or policy of USDOL prohibit it, or unless the matter is referred to
				  state or local prosecutorial or investigatory officials for review, the
				  Division will provide results of pertinent evaluations and monitoring to the
				  subrecipient.
(b) The Division will
				  monitor for fiscal and programmatic compliance, for proper management, for
				  civil rights compliance and for such other purposes as are reasonable for
				  administration of the grants by the Division and/or are required by federal
				  law.
(c) The Division will perform
				  the functions of the Governor with regard to assessment of a subrecipient's
				  compliance with its job training plan and the subrecipient's performance based
				  on the performance standards set forth in Section 106 of the Job Training Act
				  and any federal regulations or directives issued pursuant to that section. The
				  Division, as delegate of the Governor, may vary the performance standards
				  suggested by USDOL, to the extent permitted by Section 106(e), and the Division
				  shall provide technical assistance to subgrantees that fail to meet performance
				  criteria.
(d) The Division, as
				  delegate of the Governor, shall impose a reorganization plan on a subgrantee
				  that fails to meet performance standards for two consecutive years. The
				  reorganization plan may involve restructure of the private industry council,
				  prohibition of designated service provider contracts, selection of an alternate
				  administrative entity and/or such other changes as are deemed necessary to
				  improve performance. In the event an alternate administrative entity is
				  selected, the Division and the chief elected official of the largest unit, in
				  population, of general local government in the service delivery area shall
				  jointly select the new administrative entity.
(e) The Division will notify the chief
				  elected official and chairperson of the private industry council in a service
				  delivery area of the determination under Paragraph (d) of this Rule. The
				  subgrantee has a right to a hearing on the issue of whether the determination
				  is contrary to Section 106 of the Job Training Partnership Act. A request to
				  exercise the right to a hearing must be filed in accordance with Subchapter 20C
				  .0002. During the pendency of the appeal at the state level, no reorganization
				  plan will be carried out.
(f) A
				  subgrantee aggrieved by the determination and decision in Paragraphs (d) and
				  (e) of this Rule may appeal the decision to the Secretary of USDOL, which
				  appeal must be in writing and must be received within thirty days of receipt of
				  the final decision under Paragraph (e) of this Rule. A copy of such an appeal
				  to USDOL must be provided simultaneously to the Division, as delegate of the
				  Governor.
(g) The existence of
				  sanctions in this Section for failure to meet performance standards does not
				  prevent the Division from imposing contractually permitted sanctions, not
				  specified in this Section, for failure to comply with the terms of subgrant
				  agreement or contract document.
Authority
					 G.S.
					 143-16;
					 143-16.1;
					 143-341;
					 143B-430(b);
					 Ex. O. 93, June 8, 1983; 20
					 C.F.R. 629.46;
Eff. November 17,
					 1976;
Transferred from T01: 18 Eff. September 15, 1981;
Amended Eff. August 1, 1988; July 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.