20 CFR 658.705 - Decision to decertify.

§ 658.705 Decision to decertify.

(a) Within 30 business days of receiving a request for decertification, the ETA Assistant Secretary must review the case and must decide whether to proceed with decertification.

(b) The Assistant Secretary must grant the request for decertification unless he/she makes a finding that:

(1) The violations of ES regulations are neither serious nor continual;

(2) The SWA is in compliance; or

(3) The Assistant Secretary has reason to believe the SWA will achieve compliance within 80 business days unless exceptional circumstances necessitate more time, pursuant to the remedial action already applied or to be applied. (In the event the Assistant Secretary does not have sufficient information to act upon the request, he/she may postpone the determination for up to an additional 20 business days in order to obtain any available additional information.) In making a determination of whether violations are “serious” or “continual,” as required by paragraph (b)(1) of this section, the Assistant Secretary must consider:

(i) Statewide or multiple deficiencies as shown by performance data and/or on-site reviews;

(ii) Recurrent violations, even if they do not persist over consecutive reporting periods, and

(iii) The good faith efforts of the State to achieve full compliance with ES regulations as shown by the record.

(c) If the Assistant Secretary denies a request for decertification, he/she must write a complete report documenting his/her findings and, if appropriate, instructing an alternate remedial action or actions be applied. Electronic copies of the report must be sent to the Regional Administrator. Notice of the Assistant Secretary's decision must be published promptly in the Federal Register and the report of the Assistant Secretary must be made available for public inspection and copying.

(d) If the Assistant Secretary decides decertification is appropriate, he/she must submit the case to the Secretary providing written explanation for his/her recommendation of decertification.

(e) Within 30 business days after receiving the Assistant Secretary's report, the Secretary must determine whether to decertify the SWA. The Secretary must grant the request for decertification unless he/she makes one of the three findings set forth in paragraph (b) of this section. If the Secretary decides not to decertify, he/she must then instruct that remedial action be continued or that alternate actions be applied. The Secretary must write a report explaining his/her reasons for not decertifying the SWA and copies (hard copy and electronic) will be sent to the SWA. Notice of the Secretary's decision must be published promptly in the Federal Register, and the report of the Secretary must be made available for public inspection and copy.

(f) Where either the Assistant Secretary or the Secretary denies a request for decertification and orders further remedial action, the Regional Administrator must continue to monitor the SWA's compliance. If the SWA achieves compliance within the time established pursuant to paragraph (b) of this section, the Regional Administrator must terminate the remedial actions. If the SWA fails to achieve full compliance within that time period after the Secretary's decision not to decertify, the Regional Administrator must submit a report of his/her findings to the Assistant Secretary who must reconsider the request for decertification pursuant to the requirements of paragraph (b) of this section.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 29 - LABOR
U.S. Code: Title 38 - VETERANS’ BENEFITS

§ 4100 - Findings

§ 4101 - Definitions

§ 4102 - Purpose

§ 4102A - Assistant Secretary of Labor for Veterans’ Employment and Training; program functions; Regional Administrators

§ 4103 - Directors and Assistant Directors for Veterans’ Employment and Training; additional Federal personnel

§ 4103A - Disabled veterans’ outreach program

§ 4104 - Local veterans’ employment representatives

§ 4104A - Collaborative veterans’ training, mentoring, and placement program

§ 4105 - Cooperation of Federal agencies

§ 4106 - Estimate of funds for administration; authorization of appropriations

§ 4107 - Administrative controls; annual report

§ 4108 - Cooperation and coordination

§ 4109 - National Veterans’ Employment and Training Services Institute

§ 4110 - Advisory Committee on Veterans Employment, Training, and Employer Outreach

§ 4110A - Special unemployment study

§ 4110B - Coordination and nonduplication

§ 4111 - Repealed. Pub. L. 107–95, § 5(e)(3), Dec. 21, 2001, 115 Stat. 918]

§ 4112 - Performance incentive awards for quality employment, training, and placement services

§ 4113 - Transition Assistance Program personnel

§ 4114 - Credentialing and licensure of veterans: demonstration project

§ 4211 - Definitions

§ 4212 - Veterans’ employment emphasis under Federal contracts

§ 4213 - Eligibility requirements for veterans under Federal employment and training programs

§ 4214 - Employment within the Federal Government

§ 4215 - Priority of service for veterans in Department of Labor job training programs

U.S. Code: Title 44 - PUBLIC PRINTING AND DOCUMENTS

Title 20 published on 20-May-2017 03:30

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR Part 658 after this date.

  • 2016-08-19; vol. 81 # 161 - Friday, August 19, 2016
    1. 81 FR 56072 - Workforce Innovation and Opportunity Act
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Employment and Training Administration
      Final rule.
      This Final Rule is effective October 18, 2016.
      20 CFR Parts 603, 651, 652, 653, 654, 658, 675, 679, 680, 681, 682, 683, 684, 685, 686, 687, and 688
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