ÐÏࡱáYouth Council must be established as a subgroup within each Local Board. The Youth Council must include, among others, members of the Local Board with special interest or expertise in youth policy, members who represent service agencies, parents of eligible youth, individuals who represent organizations that have experience relating to youth activities. DOL explains that while there is no specific requirement for the appointment of youth, including youth with disabilities, there is also no prohibition to naming them to the youth council. In addition, youth with disabilities may, of course, be included among the youth participants who are designated to be involved in the process of designing and implementing the youth program. The Youth Council is responsible for, among other things, developing portions of the local plan related to eligible youth, recommending eligible youth service providers, and conducting oversight with respect to eligible providers of youth activities. C. LOCAL WORKFORCE INVESTMENT PLAN Each Local Board, in partnership with the appropriate chief elected official, must develop and submit a comprehensive five-year plan to the Governor which identifies and describes certain policies, procedures, and local activities that are carried out in the local area and is consistent with the State plan. The Local plan must, among other things, include: A description of the process used to provide an opportunity for public comment on the proposed plan An identification of the workforce investment needs of businesses, job seekers, and workers in the local area An identification of the current and projected employment opportunities and job skills necessary to obtain such opportunities A description of the One-Stop delivery system to be established including how the Local Board will ensure continuous improvement of eligible providers of services and ensure that such providers meet the employment needs of local employers and participants A copy of the local memorandum of understanding between the Local Board and each of the One-Stop partners concerning the operation of the One-Stop service delivery system A description of the local levels of performance negotiated with the Governor A description and assessment of the type and availability of adult and dislocated worker employment and training activities in the local area, including a description of the Individual Training Account system A description and assessment of the type and availability of youth activities in the area, including an identification of successful providers in the area A description of the competitive process for awarding grants and contracts, including the process used to procure training services A description of the criteria to be used by the Governor and the Local Board to determine whether WIA funds allocated to a local area are limited and priority will be applied to One-stop operators. D. OVERSIGHT, MONITORING, ENFORCEMENT AND COMPLAINT RESOLUTION Each Local Board must conduct regular oversight and monitoring of its WIA activities and those of its subrecipients and contractors in order to, among other things, determine whether or not there is compliance with other provisions of the Act and regulations. Each local area must establish and maintain a procedure for grievances and complaints. Local area procedures must, among other things, provide for a process for dealing with grievances and complaints from participants and other interested parties, including One-Stop partners and services providers. Under Section 188 of WIA, complaints of discrimination from participants and other interested parties must be handled in accordance with section 188(b) of WIA and the Department of Labor nondiscrimination regulations implementing that section. Complaints alleging a violation of nondiscrimination provisions of section 188 of WIA may be directed or mailed to the Director, Civil Rights Center, DOL. THE ONE-STOP SERVICE DELIVERY SYSTEM A. OVERVIEW The One-Stop delivery system is a system under which One-Stop “partners” responsible for administering separate workforce investment, educational and other human resource programs and funding streams collaborate to create a seamless system of service delivery that will enhance access to the program’s services and improve long-term employment outcomes for individuals receiving assistance. The system must include at least one comprehensive physical center in each local area that must provide core services and must provide access to other programs and activities carried out by One-Stop partners. The One-Stop delivery system may also include a network of affiliated sites that can provide one or more partners’ programs at each site; a network of One-Stop partners linked physically or technologically to an affiliated site that assures individuals are provided information on the availability of core services in the local area; and specialized centers that address specific needs. DOL explains that “in essence, this structure may be described as a one right door and no wrong door approach.” DOL also explains that Local Boards should coordinate with the broader community, including transportation agencies and existing public and private sector service providers, to ensure that the centers and services are accessible to their customers, including individuals with disabilities. B. ONE-STOP PARTNERS AND THE RESPONSIBILITIES OF PARTNERS The entity that carries out the vocational rehabilitation program authorized under part A and B of title I of the Rehabilitation Act is a required partner under WIA. The entity that carries out this program is the designated State agency or designated State unit under the Rehabilitation Act that is primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities. Client Assistance Programs are also required partners. States may require that one or more State programs not designated as mandatory partners (such as TANF agencies and MR/DD and mental health agencies) be included as a partner in all of the local One-Stop delivery systems in the State. The responsibilities of partners include: Making available to participants through the One-Stop delivery system the core services applicable to the partner’s program Using a portion of funds made available to the partner’s program, to the extent not inconsistent with the Federal law authorizing the partner’s program Creating and maintaining the One-Stop delivery system Providing core services Entering into a memorandum of understanding with the Local Board relating to the operation of the One-Stop system Participation in the One-Stop system consistent with the MOU. The memorandum of understanding is the key document, which spells out, among other things, A description of services, How the cost of the identified services and operating costs of the system will be funded, and Methods of referral. The MOU may also be used to address the coordination of equal opportunity responsibilities such as handling of discrimination complaints or other grievances related to the One-Stop system. The provisions in WIA and the regulations describing the responsibilities of partners under memoranda of understanding are based on two key principles. The first principle is that each partner should pay its fair or proportionate share for the operation of and provision of core and other services under the One-Stop system. The second principle is that no partner is required to pay for the operation of the system or for specific services if such payment is not authorized under the partner’s program. Reconciling these principles will require detailed guidance by the appropriate Federal agencies. According to the DOL regulations “additional guidance relating to cost allocation methods may be issued by the Department in consultation with the other appropriate Federal agencies.” Additional guidance was published in the Federal Register on June 27, 2000. A single “umbrella” MOU may be developed between the Local Board and all partners or the Local Board and the partners may decide to enter into separate agreements between the Local Board and one or more partners. Local Boards and partners must enter into good-faith negotiations. The Local Board and partners must document the negotiations and efforts that have taken place. Local Boards and partners may request assistance from various State and Federal agencies to help resolve impasses. If an impasse has not been resolved, any partner that fails to execute an MOU may not be permitted to serve on the Local Board and the Local Board is not eligible for State incentive grants. C. CORE, INTENSIVE, TRAINING AND SUPPORTIVE SERVICES 1. Overview. The One-Stop system is the basic delivery system for adult and dislocated worker services. Through this system, eligible individuals can access a continuum of services. The services are organized into three levels: Core services Intensive services, and Training services In addition, supportive services may be provided to individuals who are participating in core, intensive, or training services so that the services are effective and meaningful. DOL expects that State and Local Boards will consider the needs of the local population, including individuals with disabilities and other special needs populations, in the design and delivery of services which respond to those needs. All WIA participants who may have multiple barriers to employment must have access to programs that can effectively serve their needs. To be an eligible adult in the adult and dislocated worker program, an individual must be 18 years or older. Adults and dislocated workers who receive services under title I of WIA, other than self-service must be registered and determined eligible. The eligibility requirements for the State Vocational Rehabilitation program remain distinct and continue to apply. EO data must be collected on every individual who is interested in being considered for WIA title I financially assisted aid, benefits, services, or training by a recipient, and who has signified that interest by submitting personal information in response to a request from the recipient. 2. Core Services. Core services must be made available on a universal basis. As explained above, WIA intends to create a seamless service delivery system for individuals seeking workforce development services by linking the One-Stop partners in the One-Stop service delivery system. While the overall effect is to provide universal access to core services, the resources of each partner may only be used to provide services that are authorized and provided under the partner’s program to individuals who are eligible under such program. The Department of Labor encourages local One-Stops to maximize coordination arrangements which promote convenient and accurate eligibility determinations for individuals with disabilities who may need Vocational Rehabilitation services, while maintaining the integrity of the One-Stop Center’s integrated service strategy. Moreover, the Department emphasizes that under the nondiscrimination regulations implementing Section 188 of WIA (29 CFR 37.7) individuals with disabilities should be served through the same channels as individuals without disabilities, receiving reasonable accommodations as appropriate under 29 CFR 37.8. Core services may be provided directly by the One-Stop operator or through contract with service providers that are approved by the Local Board. The regulation identifies 11 categories of core services, including, among others, Determinations of eligibility for assistance, Intake, Initial assessment, Job search, placement, and career counseling, Provision of program performance information and program cost information, Providers of vocational rehabilitation program activities under the Rehabilitation Act, Information on the availability of supportive services and referral to such services, Assistance in establishing eligibility for welfare-to-work activities and education and training programs, and Follow-up services, including counseling. With respect to the initial and comprehensive assessments, DOL expects that all partner agencies in the One-Stop, under any applicable State policies, will work to achieve consensus on the required components of the assessment system for the One-Stop system at any local level. In doing so, they should take into account any special assessment needs that may be experienced by individuals with disabilities and other populations with multiple barriers to employment. 3. Intensive Services. Intensive services must also be provided through the One-Stop service delivery system. Intensive services may be provided directly by the One-Stop operator or through contracts with service providers that are approved by the Local Board, which may include contracts with public, private for-profit, and private non-profit service providers (including specialized service providers). There are two categories of adults and dislocated workers who may receive intensive services: Adults and dislocated workers who are unemployed, have received at least one core service, and are unable to obtain employment through core services, and are determined by a One-Stop operator to be in need of more intensive services to obtain employment and Adults and dislocated workers who are employed, have received at least one core service, and are determined by a One-Stop operator to be in need of intensive services to obtain or retain employment that leads to self-sufficiency. According to DOL, individuals with disabilities and other special needs populations may as easily qualify for intensive services under the existing eligibility criteria as any other person or group since the eligibility criteria are based on need for services. In addition, any barrier to employment an individual may face (which may include a disability) should be taken into account during the process of determining eligibility for intensive services. Intensive services include: Comprehensive and specialized assessments of the skill levels and service needs of eligible individuals Development of an individual employment plan Individual and group counseling and career planning Case management for individuals seeking training Short-term prevocational services Additional intensive services described in the regulations include Out of area job search assistance Literacy activities related to basic workforce readiness 4. Training Services. Training services are listed in section 134(d)(4)(D) of WIA. The list is not all-inclusive. Training services include: Occupational skills training On-the-job training Programs that combine workplace training with related instruction Skills upgrading and retraining Entrepreneurial training Job readiness training Adult literacy programs in combination with other services Customized training with a commitment to hire the individual on completion of the training. Policies governing on-the-job training are set out in Section 101(31) of WIA and 20 CFR 663.700. Policies governing customized training are set out in Section 101(8) of WIA and 20 CFR 663.715. The regulations provide that the One-Stop operator or partner determines the adults and dislocated workers who- Have the need for training based on an individual meeting the eligibility requirements for intensive services, Are unable to obtain or retain employment through such services, Have been determined after an interview, evaluation, or assessment and case management to be in need of training and to have the skills and qualifications to successfully complete the selected training program. DOL believes that training eligibility decisions should be made on the basis of each individual’s skills, abilities, interests, and needs. It would, of course, be inappropriate to enroll any individual, whether or not they are disabled, into training programs for which they did not have the skills to be successful. DOL also recognizes that care must be taken not to stereotype persons with barriers to employment, including disabilities, when evaluating their skills, abilities, interests, and needs. Occasionally, some question may arise as to whether a particular individual—such as a person with disabilities—has the capacity to be successful in a given training program, taking into consideration the availability of reasonable accommodations or modifications. DOL also believes that an advantage of the One-Stop service delivery structure is that partner agencies with specialized expertise will be available, when necessary, to assist with determinations as to what training may fall within a particular individual’s skills and qualifications. DOL encourages One-Stop operators and staff to take advantage of the unique expertise of these partners when serving individuals with special needs. In addition, the program selected must be directly linked to occupations in demand in the area. If individuals are willing to relocate, they may receive training in demand in other areas. The WIA statute and the implementing regulation limits the use of WIA funds to instances when there is no or inadequate grant assistance from other sources available to pay for those costs. Training services must be provided in a manner that maximizes informed consumer choice in selecting eligible providers. The individual may select a provider from the list of eligible providers after consultation with a case manager. 5. Individual Training Account. Except under three conditions, Individual Training Accounts (ITAs) must be established for eligible individuals to finance training services. Payments may be made through various methods, including vouchers. Payments may also be made incrementally through payment of a portion of the costs at different points in the training course. DOL makes it clear that under WIA, access to training or any other services is not an entitlement. Local Board’s must exercise discretion in establishing ITAs for eligible participants.The State or Local Board may impose limits on ITAs such as limitations on the dollar amount and/or duration. Limits may be based on the needs identified in the individual employment plan or there may be a policy decision by the State Board or the Local Board to establish a range of amounts and/or a maximum amount applicable to all ITAs. However, limitations should not be implemented in a manner that undermines the Act’s requirements that training services are provided in a manner that maximizes customer choice in the selection of an eligible training provider. DOL emphasizes that any limits established by a State or Local Board apply only to training under Title I of WIA, not to training under Title I of the Rehabilitation Act. The regulations clarify that any ITA limitations that are established may provide for exceptions to the limitations in individual cases. In establishing guidance or limits on training funding, a number of factors may be taken into consideration, such as the skill shortages identified by local employers, the costs of training to address these occupations in demand, and the training needs and interests of the participants. The availability of other funding resources should also be considered in the development of the training portion of the Individual Development Plan, including Rehabilitation Act funds. Contracts for services may be used instead of ITAs under three circumstances: When the services are for on-the-job training or customized training When the Local Board determines there are insufficient number of eligible providers When the Local Board determines that there is a training program of demonstrated effectiveness offered in the area by a community-based organization to serve special participant populations that face multiple barriers to employment. DOL explains that Federal grant funds should not be used to engage employers that have violated Federal law, including the prohibitions against discrimination. DOL encourages State and Local Boards to require a written assurance by a potential employer that no such violations have occurred within some reasonable period of time.In addition, DOL believes that monitoring of on-the-job training contractors must include review of selection patterns and other areas of potential concern regarding trainees’ civil rights. WIA defines “special participant populations that face multiple barriers to employment” to mean a population of low-income individuals that is included in one or more of the following categories: individual with substantial language or cultural barriers, offenders, homeless individuals and other hard-to-serve populations as defined by the Governor. As a result, Governors have the authority to add additional groups, such as individuals with disabilities, to the list contained in the statute. 6. Supportive Services. Supportive services may be provided to individuals participating in core, intensive, or training services who are unable to obtain such services through other programs and when necessary to enable individuals to participate in activities funded under title I of WIA. Supportive services include services such as transportation, childcare, dependent care, housing, needs-related payments. Local Boards must develop policies and procedures addressing coordination with other entities to ensure nonduplication of resources and services (including procedures for referral), as well as establishing any limits on the amount and duration of such services. Procedures may also be established to allow One-Stop operators to grant exceptions to the established limits. D. ELIGIBLE TRAINING PROVIDERS The workforce investment system under WIA emphasizes informed choice, system performance, and continuous improvement. The eligible provider process is part of the strategy for achieving these goals.DOL explains the relationship between the informed choice provisions in WIA and The Rehabilitation Act. While VR agencies are required partners in the One-Stop system, participants in VR-funded services can select vendors, including training providers, approved under the State VR agency’s procedures and policies. Only when VR participants also use WIA Title I funds must training services be from a provider and program eligible under WIA Title I. DOL believes that both Title I of WIA and Section 102(d) of the Rehabilitation Act contain provisions that are intended to serve the same goal—providing participants with the opportunity and the means to make informed choices about the services they receive. Title I of WIA mandates that training be delivered in a manner that maximizes consumer choice and requires the use of ITAs, provision of descriptive and performance information on eligible providers and programs, and delivery of intensive services. Similarly, Section 102(d) of the Rehabilitation Act requires State VR agencies to implement policies to assure that individuals can exercise informed choice in decisions related to assessment, selection of employment outcomes, specific vocational rehabilitation services, the entity that will provide services, the employment setting in which services will be provided, and the methods available for procuring services. DOL encourages State VR agencies and WIA systems to harmonize and coordinate their respective policies and procedures for informed consumer choice and the creation of certain lists of, and information on, eligible or approved providers of training services. Both systems could explore, for example, common application requirements or approval criteria for vendors of training services, expediting the application or approval process to assure timely inclusion of vendors from the partner system, providing outreach to their respective providers on how they can become eligible or approved under the partner’s system, and creation of a common, accessible, consumer information system on programs and providers that can be used by participants in both WIA Title I and VR as they exercise their choice. Local Boards, in partnership with the State, must identify training providers whose performance qualifies them to receive WIA funds to train adults and dislocated workers. The legal framework describes: Who are eligible providers (e.g., community-based organizations and other private organizations providing training services)  The respective responsibilities of the Governor, the State Board and the Local Board managing the eligible provider process (e.g., the Governor must designate a State agency responsible for developing and maintaining a list of eligible providers) The process for determining initial eligibility (e.g., the Local Board must include providers that meet specified criteria and submit the list to the designated State agency which then has 30 days to verify the information) The process for determining subsequent eligibility, including the kind of performance and cost information required and the requirement that State procedure must require that Local Boards take into consideration, among other things, the characteristics of the populations served by providers seeking eligibility, including demonstrated difficulties in serving these populations, where appropriate) The process for disseminating the list The process for removing providers from the list The establishment of a consumer reporting system for informing the customers of the One-Stop delivery system about the performance of training providers in the local area including program specific information about the performance for specific customer groups DOL encourages Governors and Local Boards to develop policies governing the reimbursement of providers that encourages the use of a broad array of service providers, including providers serving individuals with disabilities. Specifically, DOL encourages Governors and Local Boards to ensure that the eligible training provider system provides access to a broad diversity of programs that can accommodate the varying needs, career interests and preferences of priority groups under WIA. DOL encourages Governors and Local Boards to make sure that State and local WIA procedures while maintaining the quality and integrity of training services, afford adequate and timely opportunities for applications from training programs and providers serving individuals with disabilities. DOL also encourages Governors and Local Boards to extend the opportunity to comment on policies governing initial and subsequent eligibility to providers offering training services to individuals with disabilities. In defining what constitutes “appropriate portions of performance and cost information” or “appropriate levels of performance” DOL believes that Governors should have broad discretion. However, DOL is concerned that all procedures and practices be fair and not arbitrary, and that they be based on research, information from past experience, and sound management approaches. DOL is also concerned with practices that result in creaming of participants or lead to a lack of training options that meet the diverse needs and career interests of WIA participants. With respect to the consumer reporting system, DOL explains that the regulations implementing Section 188 of WIA (nondiscrimination) require recipients, including trading providers, to record, among other things, where known disability status of every applicant/registrant, participant, terminee, applicant for employment and employee. DOL explains that the Governor should consider the merits of including such information in the consumer reporting system. E. PRIORITY AND SPECIAL POPULATIONS In the event that WIA funds allocated to a local area for adult employment and training activities are limited, priority must be given to recipients of public assistance and other low-income individuals for intensive and training services. A person with a disability whose family does not meet income eligibility criteria under the Act may be eligible for priority as a low income adult if the individual’s own income meets the income criteria under WIA or meets the income eligibility criteria for cash assistance under any Federal, State, or local public assistance program? DOL explains that cash payments such as SSI, state payments to individuals with disabilities, and local general relief payments to homeless individuals would meet both parts of the definition of “public assistance” in the statute. On the other hand, the statute would not permit a state or local definition that included programs that are not cash payments or programs that are not needs or income-based such as SSDI. DOL also notes, that as a practical matter, SSDI beneficiaries may still qualify for priority under WIA. For example, SSDI beneficiaries might be determined to be eligible under the priority for services as “other low-income individuals” based on their income which provides for the individual with a disability to be considered a low income individual even if the family income does not meet the income eligibility criteria when the individual’s own income meets the income criteria. Similarly, Medicaid and Medicare payments are not considered public assistance as defined under WIA. The appropriate Local Board and the Governor must direct the One-Stop operators in the local area with regard to making determinations related to such priority, taking into consideration the availability of other Federal funding, such as TANF and Welfare-to-Work funds and the needs of specified groups within the local area. This priority may be administered for adult recipients of public assistance and other low-income adults so as not to preclude providing intensive and training services to other individuals meeting eligibility requirements. YOUTH ACTIVITIES The provisions in title I of WIA relating to youth activities and the implementing regulations adopt a systematic approach that offers youth a broad range of coordinated services, moving away from one-time, short-term interventions. Such offerings include opportunities for assistance in both academic and occupational learning, developing leadership skills, and preparing for further education, additional training, and eventual employment. Rather than supporting separate, categorical programs, the youth regulations are designed to facilitate the provision of a menu of varied services that may be provided in combination or alone at different times during a youth’s development. The membership and duties of the Youth Council are described in the paper under “Local Governance.” The Local Board, working with the Youth Council, is responsible for conducting oversight of local youth programs. Local oversight is conducted in consultation the local area’s chief elected official. The Local Board may delegate its oversight responsibilities to the Youth Council. Youth are eligible for services if they meet certain criteria, including a youth who is age 14 through 21, is a low-income individual, and is deficient in basic literacy skills, school dropout, homeless, or an individual (including a youth with a disability) who requires additional assistance to complete an educational program or to secure and hold employment. Up to 5% of youth participants need not be low-income, including individuals in one or more specified categories such as drop-outs, basic skill deficient, possess one or more disabilities, including learning disabilities, and individuals facing serious barriers to employment as identified by the Local Board. A youth with a disability whose family does not meet income eligibility criteria is eligible for youth services if the youth’s own income meets the income eligibility criteria established by WIA (section 101(25)(B) or meets the income eligibility criteria for cash assistance under any Federal, State or local public assistance program. Youth participating in youth activities under WIA must be registered and EEO data must be collected on individuals during the registration process. The design framework of local youth programs must, among other things, provide an objective assessment of each youth participant, develop an individual service strategy, provide preparation for postsecondary educational opportunities, provide linkages between academic and occupational learning, provide preparation for employment, and provide effective connections to intermediary organizations that provide strong links to the job market and employers. The Local plan must describe the design framework of local youth programs. Local Boards must ensure appropriate links with entities that will foster the participation of eligible local area youth e.g., local educational agencies and representatives of other youth initiatives. Local Boards must ensure that the referral requirements are met. Local Boards must ensure that parents, youth participants, and other members of the community with experience related to youth activities are involved in both the design and implementation of youth activities. Local programs must make all of the program elements listed in Section 129(c)(2) of WIA available, including among other elements, alternative secondary school offerings, paid and unpaid work experiences, leadership development, supportive services, adult mentoring, comprehensive guidance and counseling. Local programs determine which services are provided to in an individual youth based on each participant’s objective assessment and individual service strategy. Individuals ages 18 through 21 may be eligible for both adult and youth programs. Local Boards are required to offer summer employment opportunities in the local youth program. The chief elected official (or designee) as the local grant recipient for the youth program is a required One-Stop partner and is therefore subject to the coordination and other requirements applicable to all partners. PERFORMANCE ACCOUNTABILITY A. OVERVIEW This section presents the performance accountability requirements under title I of WIA. These requirements are an essential component of the system-wide continuous improvement approach included in the Act. B. STATE MEASURES OF PERFORMANCE All States submitting a State plan must propose expected levels of performance for each of the core indicators of performance for the adult, dislocated worker, and youth programs and the two customer satisfaction indicators. The Departments of Labor and Education will issue definitions for the performance indicators after consultations with appropriate entities.DOL explains that nothing in the WIA regulations suggests that these core measurements replace or supersede measurements required by other partner programs recognizing that the core performance indicators are not all directly related to the VR program of services under Title I of the Rehabilitation Act. For the adult program, these indicators are: Entry into unsubsidized employment Retention in unsubsidized employment six months after entry into the employment Earnings received in unsubsidized employment six months after entry into the employment Attainment of a recognized credential related to achievement of educational skills or occupational skills by participants who enter unsubsidized employment. For the Youth program, these indicators are: For eligible youth aged 14 through 18 Attainment of basic skills, and, as appropriate, work readiness or occupational skills Attainment of secondary schools diplomas and their recognized equivalents Placement and retention in postsecondary education, advanced training, military service, employment, or qualified apprenticeships For eligible youth aged 19 through 21, the same as for adults. A single customer satisfaction measure for employers and a single customer satisfaction indicator for participants must be used. The Department of Labor will issue instructions on the specific information that must accompany the State plan and that is used to review the State’s expected levels of performance. The Secretary and the Governor must reach agreement on levels of performance for each core indicator and the customer satisfaction indicators. The DOL guidelines will also describe the circumstances under which revisions may be made to negotiated levels e.g., significant changes in the characteristics of the participants entering the program.DOL explains that the negotiations can take into account “differences in participant characteristics” which might include, among other things, indicators of disability. The core indicators of performance apply to all individuals who are registered for programs except for those who participate exclusively in self-service or informational activities. A State is eligible for incentive grants when performance exceeds expectations as specified in the legal framework. In determining the amount of incentive grant funds available to an eligible State, the Secretary may consider, among other factors, changes in participant characteristics. If the State fails to meet the adjusted levels of performance for core indicators of performance and customer satisfaction, the Secretary must provide technical assistance. If the failure is for two successive years, the Secretary may reduce the State’s allotment by up to 5 percent. In determining the amount, if any, of the sanction, the Secretary may, among other things, take into consideration the characteristics of participants served compared to the participant characteristics described in the State plan. Each State must prepare an annual report on its progress in achieving State performance measures, including performance indicators for individuals with disabilities. C. LOCAL MEASURES OF PERFORMANCE Each local workforce investment area is subject to the same core indicators of performance and the customer satisfaction indicators that apply to the State. In addition, the Governor may apply additional indicators. The Local Board and the chief elected official must negotiate with the Governor and reach agreement on the local levels of performance for each indicator. In determining the appropriate levels of performance, the Governor must take into account, among other things, the characteristics of the population to be served in the area. States must use a portion of funds reserved for State workforce investment activities to provide incentive grants to local areas. The Governor shall determine the criteria used for determining exemplary local performance. If the local area fails to meet the levels of performance in any year, the Governor must provide technical assistance. If a local area fails to meet levels of performance for two consecutive years, the Governor must take corrective action, which may include the appointment of a new Local Board, and prohibitions on the use of particular service providers or One-Stop partners. NONDISCRIMINATION AND METHODS OF ADMINISTRATION A. INTRODUCTION Interim final regulations issued by the Department of Labor on November 12, 1999 implement the nondiscrimination and equal opportunity provisions set out in Section 188 of the Act. Section 188 prohibits discrimination on the grounds of disability as well as race, color, religion, sex, national origin, age, political affiliation or belief, and for beneficiaries only, citizenship or participation in a WIA Title I financially assisted program or activity. These regulations are modeled on regulations issued under the Job Training Partnership Act. In addition, on August 25, 2000, DOL issued “State Guidance for Developing Methods of Administration Required by Regulations Implementing Section 188 of the Workforce Investment Act of 1998.” Of particular importance is the requirement in the interim final regulations that the Governor develop and maintain a written document called a “Methods of Administration” describing how the state plans on meeting its nondiscrimination and equal opportunity responsibilities. This document must be completed within 180 days of either the date on which the interim final rule is effective (May 6, 2000) or the date on which the Secretary of Labor gives final approval of the state plan, whichever is later. B. GENERAL PROVISIONS 1. The Purpose of the Regulation. The purpose of the interim final regulation is to implement the nondiscrimination and equal opportunity provisions set out in section 188 of WIA. The regulations also provide uniform procedures for implementing these provisions. 2. Applicability of the Regulation. The regulation applies to any recipient of assistance under Title I of WIA, including state-level agencies that administer, or are financed in whole or in part with WIA Title I funds, state and local workforce investment boards, local WIA grant recipients, One-Stop operators, service providers, and on-the-job training employers. The regulation also applies to programs and activities that are part of the One-Stop delivery system and that are operated by One-Stop partners to the extent that the programs and activities are being conducted as part of the One-Stop delivery system. 3. Forms of Discrimination the Act and the Implementing Regulations Prohibit. No individual in the United States may, on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and for beneficiaries only, citizenship or participation in any WIA Title I financially assisted program or activity, be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any WIA-Title I funded program or activity. 4. Specific Discriminatory Actions Based on Disability Prohibited by the Regulation. The specific discriminatory actions based on disability follow generally the regulations implementing Title II of the Americans with Disabilities Act. Discriminatory actions that are prohibited by the regulation include: Denying a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefits, services, or training; Affording such an opportunity that is not equal to that afforded others; Providing such an opportunity that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; Providing different, segregated, or separate opportunity to individuals with disabilities or any class of individuals with disabilities, unless such action is necessary to provide qualified individuals with disabilities with an opportunity that is as effective as that provided to others; and Otherwise limiting a qualified individual with a disability in enjoyment of any right, privilege, advantage, or opportunity enjoyed by others. In addition, a recipient: May not deny a qualified individual with a disability the opportunity to participate in WIA Title I financially assisted programs or activities despite the existence of permissibly separate or different programs or activities. Must administer WIA Title I financially assisted programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. May not, directly or through contract or other arrangement, use standards, procedures, criteria, or administrative methods that have the purpose or effect of subjecting qualified individuals with disabilities to discrimination or defeating or substantially impairing accomplishment of the objectives of the WIA Title I financially assisted program or activity. In the selection of contractors, must not use criteria that subject qualified persons with disabilities to discrimination. Must not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any aid, benefit, service, training, program, or activity unless such criteria can be shown to be necessary for the provision of the aid, benefit, service, training, program or activity being offered. Furthermore, with regard to aid, benefits, services, training, and employment, a recipient must provide reasonable accommodation to qualified individuals with disabilities who are applicants, registrants, participants, employees (or applicants for employment), unless providing the accommodation would cause undue hardship. The term “reasonable accommodation” means modifications or adjustments to an application/registration process that enables a qualified applicant/registrant with a disability to be considered for the aid, benefits, services, training, or employment; modifications or adjustments that enable a qualified individual with a disability to receive aid, benefits, services, or training equal to that provided to nondisabled individuals or to perform the essential functions of a job; or modifications or adjustments that enable a qualified individual with a disability to enjoy the same benefits and privileges as are enjoyed by other similarly situated individuals without disabilities. A recipient must also make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination unless making modifications would fundamentally alter the nature of the service, program, or activity. In addition, recipients must take appropriate steps to ensure communications with beneficiaries, registrants, applicants, participants and members of the public who are individuals with disabilities are as effective as communications with others. This means, among other things, furnishing appropriate auxiliary aids and services where necessary unless it would result in a fundamental alteration in the nature of a service, program, or activity. 5. The Extent to Which Employment Practices are Covered by the Regulation. Discrimination is prohibited in employment practices in the administration of, or in connection with the following: Any WIA Title I financially assisted program or activity; and any program or activity that is part of the One-Stop delivery system and is operated by a One-Stop partner to the extent that the program or activity is being conducted as part of the One-Stop delivery system. Recipients that are also employers, employment agencies, or other entities covered by Titles I and II of the ADA should be aware of obligations imposed by those titles. This rule does not preempt consistent state and local requirements. 6. Department of Labor Responsibility for Administering this Regulation. The Civil Rights Center, in the Office of the Assistant Secretary for Administration and Management, is responsible for administering and enforcing the nondiscrimination and equal opportunity provisions in WIA and the implementing regulations and for developing and issuing policies, standards, guidance, and procedures for effecting compliance. C. RECORDKEEPING AND OTHER AFFIRMATIVE OBLIGALTIONS OF RECIPIENTS 1. The Grant Applicant’s Obligation to Provide a Written Assurance of Compliance with the Nondiscrimination Provisions of Section 188 of WIA. As a condition to the award of financial assistance under Title I of WIA, the grant applicant must assure that it will comply fully with the nondiscrimination and equal opportunity provisions of WIA and other civil rights statutes such as the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. The WIA state plan must provide a statement that WIA Title I assisted programs and activities will be conducted in compliance with these laws and implementing regulations. The state must also certify that it has developed and maintains a Methods of Administration (which is described below). 2. The Rules Governing the Designation and Responsibilities of Equal Opportunity Officers. Every recipient (except small recipients) must designate an equal opportunity officer. A small recipient means a recipient who has fewer than 15 beneficiaries per year and employs fewer than 15 employees. The individual should be a senior level employee of the recipient i.e., the individual should have the requisite education, training, and experience and have authority to direct the equal opportunity effort. The responsibilities of the equal opportunity officer include: Serving as a liaison with the Department of Labor’s Civil Rights Center; Monitoring and investigating the recipient’s activities; Reviewing the recipient’s written policies; Developing and publishing the recipient’s procedures for processing complaints; Reporting directly to appropriate officials (including the state WIA director and the Governor’s WIA liaison) about equal opportunities matters; Undergoing ongoing training; If applicable, overseeing the development and implementation of the recipient’s Methods of Administration. 3. A Recipient’s Obligations to Disseminate its Equal Opportunity Policy. A recipient must provide initial and continuing notice that it does not discriminate on any prohibited ground to, among others, registrants, applicants, participants, and employees. During each presentation to orient new participants and new employees, and the general public, a recipient must include a discussion of the rights, including the right to file a complaint, under the nondiscrimination and equal opportunity provisions of WIA. 4. The Recipient’s Responsibilities to Collect and Maintain Data and Other Information. Each recipient must record the disability status (where known) of every applicant, registrant, terminee, applicant for employment, and employee. This information must be stored in a manner ensuring confidentiality. Recipients must also maintain logs of complaints alleging discrimination. The most important purposes of the equal opportunity data and information collection and maintenance system are to assist the CRC and those assigned by the state in monitoring performance by recipients, identifying instances or areas of discrimination and identifying individuals or groups of individuals who have been discriminated against. A vital element of a system is the ability for the reviewer to correlate aggregate data to individual records. 5. A Recipient’s Responsibilities Under the Regulation Regarding the Provision of Universal Access to WIA Title I Financially Assisted Core Services. Recipient’s responsibilities include: Advertising the recipient’s program in the media; Sending notices to schools and community service groups that serve various populations; and Consulting with appropriate service groups about ways in which the recipient may improve its outreach and service to various populations to broaden the pool of those considered for participation in One-Stops and other WIA-assisted programs and activities. D. GOVERNOR’S RESPONSIBILITIES TO IMPLEMENT THE NONDISCRIMINATON AND EQUAL OPPORTUNITY REQUIREMENTS OF WIA 1. The Governor’s Oversight Responsibilities. The Governor is responsible for oversight of all WIA Title I financially assisted state programs. This responsibility includes ensuring compliance with the nondiscrimination and equal opportunity provisions. 2. The Extent of a Governor's Liability for the Actions of a Recipient He or She has Financially Assisted Under WIA Title I. The Governor is jointly and severally liable for all violations of the nondiscrimination and equal opportunity provisions by recipients unless the Governor: Established and adhered to a Methods of Administration (see below); Entered into a contract with the recipient that clearly establishes the recipient’s responsibilities; Acted with due diligence to monitor the recipient’s compliance; Taken prompt and appropriate corrective action to effect compliance. 3. A Governor’s Oversight Responsibilities Regarding Recipients’ Recordkeeping. The Governor must ensure that recipients collect and maintain prescribed records in an appropriate manner. 4. A Governor’s Responsibilities to Develop and Maintain a Methods of Administration. Each Governor must establish and adhere to a Methods of Administration (MOA) for state programs under WIA Title I. The MOA must be designed to give reasonable guarantee that all recipients will comply and are complying with the nondiscrimination and equal opportunity provisions of WIA and the implementing regulations. The MOA must be in writing (with narrative and documentation), reviewed and updated periodically (at least every two years), and signed by the Governor. At a minimum, each Methods of Administration must: Describe how the state programs and recipients have satisfied the requirements concerning— assurances, equal opportunity officers, notice and communication, data and information collection and maintenance, universal access, Governor’s oversight responsibilities regarding recipient recordkeeping, and complaint processing procedures; Include a system for determining whether a grant applicant or service provider is likely to conduct its programs and activities in a nondiscriminatory way; Include a system for periodically monitoring the compliance of recipients which must include--a statistical or other quantifiable analysis of records and data, an investigation of any significant differences identified, and an assessment to determine whether the recipient has fulfilled its administrative obligations (e.g., assurances, equal opportunity officers, notice and communication, data and information collection and maintenance, universal access, and complaint processing procedures) and any duties assigned to it under the MOA (e.g., monitoring, sanctions and corrective actions, and policy development, communication and training); Include a review of recipient policy issuances to ensure they are nondiscriminatory; Include a system for reviewing recipient’s job training contracts and other similar agreements to ensure that they are nondiscriminatory and contain required language; Include procedures for ensuring that recipients comply with section 504 of the Rehabilitation Act (e.g., provide reasonable accommodation, reasonable modifications to policies and procedures, program and architectural accessibility, administering the program in the most integrated setting appropriate, and ensuring effective communication); Include a system of policy communication and training to ensure that personnel are aware of and can effectively carry out these responsibilities; Include procedures for obtaining prompt corrective action (including in the case of a finding of discrimination, procedures for retroactive relief e.g., back pay, and prospective relief e.g., training, policy development and communication to ensure that the discrimination does not recur), or, as necessary, applying sanctions when noncompliance is found; and Include supporting documentation to show that the commitments made in the Methods of Administration have been and or are being carried out, including-- policy and procedural issuances, copies of monitoring instruments and instructions, evidence that nondiscrimination and equal opportunity policies have been developed and communicated, information reflecting the extent of training, reports of monitoring reviews and reports of follow-up actions taken (e.g., use of sanctions), and copies of any notices made. 5. Timelines for the Governor to Carry Out His or Her Obligations with Regard to the Methods of Administration. The Methods of Administration must be completed within 180 days of either the date on which the interim final rule is effective (May 6, 2000) or the date on which the Secretary of Labor gives final approval of the state plan, whichever is later. E. COMPLIANCE PROCEDURES (INCLUDING COMPLAINT RESOLUTION PROCEDURES) 1. The Responsibility of the Director of the Civil Rights Center, Department of Labor, to Evaluate Compliance with the Nondiscrimination and Equal Opportunity Provisions in WIA and the Implementing Regulations. The Director may conduct pre-approval compliance reviews of grant applicants and post-approval compliance reviews of recipients. The Director may also investigate and resolve complaints. Further, the Director may periodically review the adequacy of the Methods of Administration as well as the adequacy of the Governor’s performance under the MOA. 2. Filing a Complaint. Any person who believes that either he or she, or any specific class of individuals, has been or is being subjected to discrimination may file a written complaint, either by him/herself or through a representative. The complaint may be filed with either the recipient or the Director of the Civil Rights Center. 3. The Required Elements of a Recipient’s Complaint Resolution Procedures. At a minimum, procedures must: Provide for a notice of final action within 90 days from the date the complaint is filed; Contain specified elements (e.g., notice that complaint has been received, written statement of issues and whether recipient will accept or reject the issue for investigation, period for fact-finding or investigation, period for voluntary resolution, and a written notice of final resolution which must include a notice of right to file an appeal with the CRC); and Provide for alternative dispute resolution. 4. Circumstances in which the Director Will Send a Complaint to Another Authority. Yes. Where a case involves an allegation of employment discrimination under the ADA, the Director may refer the complaint to the Equal Employment Opportunity Commission. Where the complaint alleges discrimination by an entity that operates a program or activity financially assisted by a grantmaking agency other than the Department of Labor, but that participates as a partner in a One-Stop delivery system, the Civil Rights Center in DOL and the Office for Civil Rights in the grantmaking agency (e.g., the Department of Education where the partner is the state vocational rehabilitation agency) will have dual jurisdiction over the complaint. Under these circumstances, the Director of the Civil Rights Center will refer the complaint to the grantmaking agency for processing. According to the preamble to the interim final regulations, local workforce investment boards, when developing and entering into memoranda of understanding with One-Stop partners should include attention to equal opportunity issues that may affect the One-Stop partners or the delivery system. Such issues include how discrimination complaints will be handled and how the cost of reasonable accommodations will be shared.  5. Actions the Director Must Take When He or She Concludes that Compliance Cannot be Secured by Voluntary Means. If the Director concludes that compliance cannot be secured by voluntary means, he or she must either issue a final determination (which could result in withholding in whole or in part of WIA Title I funds), refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted, or take such other action as may be provided by law.  P.L. 105-220.  Section 106 of WIA (29 U.S.C. 2811); 20 CFR 660.100.  64 FR 9403 (February 25, 1999).  20 CFR 661.100.  20 CFR 661.100.  20 CFR 661.400(b); 65 FR 49294-49295 (August 11, 2000); 64 FR 9403 (February 25, 1999).  64 FR 9403-9404 (February 25, 1999).  64 FR 9403-9404 (February 25, 1999).  20 CFR 660.300.  Section 189 of WIA (29 U.S.C. 2939); 20 CFR 661.110.  Section 1125(c) and Section 136(g) of WIA (29 U.S.C.2822(c) and Section 2871(g)); 20 CFR 661.220(e); 20 CFR 666.200 and .240.  Section 189( i) of WIA (29 U.S.C.2939(i)); 20 CFR 400-.420.  Section 192 of WIA (29 U.S.C. 2942); 20 CFR 661.430--.440.  64 FR 18665 (April 15, 1999).  64 FR 18665 (April 15, 1999).  Section 183 of WIA (20 U.S.C. 2933); 20 CFR 667.400.  29 CFR Part 37 (November 12, 1999).  65 FR 51984-51990 (August 25, 2000).  20 CFR 667.500(c).  64 FR 9406 (February 25, 1999).  65 FR 49299 (August 11, 2000).  Section 111(b)(1)(C)(vi)(I) of WIA (29 U.S.C. 2821(b)(1)(C)(vi)(I)); 20 CFR 661.200(i).  20 CFR 661.200(i)(2).  20 CFR 661.200(i)(3).  65 FR 49301 (August 11, 2000).  20 CFR 661.200(d).  20 CFR 661.200(b).  Section 111(d)(2)(A) of WIA (29 U.S.C. 2821(d)(2)(A)); 20 CFR 661.120(b); .205.  64 FR 9406 (February 25, 1999).  64 FR 9402 (February 25, 1999).  64 FR 9406 (February 25, 1999).  64 FR 9409 (February 25, 1999).  64 FR 9408 (February 25, 1999).  64 FR 9408 (February 25, 1999).  64 FR 9409 (February 25, 1999).  64 FR 9410 (February 25, 1999).  Section 112(b)(17) of WIA (29 U.S.C. 2822(b)(17)).  64 FR 9411 (February 25, 1999).  64 FR 9411 (February 25, 1999).  64 FR 9412 (February 25, 1999).  Section 136(d)(2)(F) of WIA (29U.S.C. 2871(d)(2)(F)).  64 FR 9410 (February 25, 1999).  64 FR 9410 (February 25, 1999).  20 CFR 667.260.  Section 184(b) of WIA (29 U.S.C. 2934(b)); 20 CFR 667.410(b).  20 CFR 667.500.  20 CFR 667.500 (c).  20 CFR 667.600.  20 CFR 667.600(g).  Section 501 of WIA (20 U.S.C.9271); 20 CFR 661.240.  Section 501(c)(1) of WIA (20 U.S.C.9271(c )(1)); 20 CFR 661.240(d).  65 FR 2467 (January 14, 2000).  65 FR 2472 (January 14, 2000).  65 FR 2473 (January 14, 2000).  65 FR 2473-2474 (January 14, 2000).  65 FR 2474 (January 14, 2000).  65 FR 2475 (January 14, 2000).  65 FR 2477 (January 14, 2000).  65 FR 2478 (January 14, 2000).  65 FR 2478 (January 14, 2000).  65 FR 2478 (January 14, 2000).  65 FR 2478 (January 14, 2000).  65 FR 2479 (January 14, 2000).  20 CFR 661.420.  65 FR 49306 (August 11, 2000).  65 FR 2479 (January 14, 2000).  65 FR 2480-2481 (January 14, 2000).  65 FR 2482-2485 (January 14, 2000).  Section 117 of WIA (29 U.S.C. 2832); 20 CFR 661.300.  65 FR 49304 (August 11, 2000).  20 CFR 661.315.  20 CFR 661.315(c).  Section 117(b)(2)(A)(iv) of WIA (29 U.S.C. 2832(b)(2)(A)(iv)) ; 20 CFR 661.315.  64 FR 18667 (April 15, 1999).  64 FR 18667 (April 15, 1999).  64 FR 18667 (April 15, 1999).  20 CFR 661.315(b).  Section 117(b)(3) of WIA (29 U.S.C. 2832(b)(3)); 20 CFR 661.120(a), .305.  64 FR 9406 (February 25, 1999).  20 CFR 661.335.  65 FR 49348 (August 11, 2000).  20 CFR 661.340.  Section 118 of WIA (29 U.S.C.2833); 20 CFR 661.345.  20 CFR 661.350.  20 CFR 667.410.  20 CFR 667.600.  20 CFR 667.600 (g).  20 CFR 662.100(a).  Section 134(c) of WIA (29 U.S.C.2864(c)); 20 CFR 662.100(c).  Section 134(c )(2) of WIA (29 U.S.C.2864(c)(2)); 20 CFR 662.100(d).  65 FR 49307 (August 11, 2000).  Section 121(b)(1) of WIA (29 U.S.C.2841(b)(1)); 20 CFR 662.200(b)(4).  20 CFR 662.200(b)(4).  20 CFR 662.210(c ).  Section 121 and 134 of WIA (29 U.S.C. 2841 and 2864); 20 CFR 662.230.  Section 121 (c) of WIA (29 U.S.C.2841(c)); 20 CFR 662.230 (c ).  65 FR 49312 (August 11, 2000).  See Section 121 (c) of WIA (29 U.S.C.2841(c)); 20 CFR 662. 250, .260, .270, .280, and .300.  20 CFR 662.270.  65 FR 39760-39765 (June 27, 2000).  20 CFR 662.310(a).  20 CFR 662.310(b).  20 CFR 662.310 (b) and (c).  20 CFR 663.100.  20 CFR 663.145(b)(2).  65 FR 49321 (August 11, 2000).  65 FR 49341 (August 11, 2000).  20 CFR 663.110.  20 CFR 663.105.  65 FR 49317 (August 11, 2000).  20 CFR 663.105(c ).  Section 134(d)(2) of WIA (29 U.S.C.2864(d)(2)); 20 CFR 662.230, .240, .250; 20 CFR 663.150.  20 CFR 662.280.  65 FR 49317 (August 11, 2000).  20 CFR 663.155.  20 CFR 662.240.  65 FR 49320 (August 11, 2000).  20 CFR 663.210.  20 CFR 663.220.  65 FR 49323 (August 11, 2000).  Section 134(d)(3)( c ) of WIA (29 U.S.C. 2864(d)(3)(c)); 20 CFR 663.200.  20 CFR 663.300.  20 CFR 663.310.  65 FR 49327 (August 11, 2000).  Id.  20 CFR 663.310(c).  Section 134(d)(4)(B) of WIA (29 U.S.C.2864(d)(4)(B)).  20 CFR 663.320.  Section 134(d)(4)(F) of WIA (29 U.S.C. 2864(d)(4)(F)); 20 CFR 663.440.  Section 134(d)(4)(G) of WIA (29 U.S.C.2864(d)(4)(G)); 20 CFR 663.400.  20 CFR 663.410.  65 FR 49331 (August 11, 2000).  20 CFR 663.420.  65 FR 49331 (August 11, 2000).  20 CFR 663.420(c).  65 FR 49331 (August 11, 2000).  20 CFR 663.430.  65 FR 49345 (August 11, 2000).  65 FR 49346 (August 11, 2000).  Section 134(d)(4)(G)(iv) of WIA (29 U.S.C. 2864(d)(4)(G)(iv)); 20 CFR 663.430(b).  65 FR 49332 (August 11, 2000).  Section 101(46) and 134(e)(2) of WIA (29 U.S.C.2801(46) and Section 2864(e)(2)); 20 CFR 663.800, .840.  20 CFR 663.800, .810.  20 CFR 663.500.  65 FR 49335 (August 11, 2000).  65 FR 49336 (August 11, 2000).  65 FR 49336 (August 11, 2000).  Section 122 of WIA (29 U.S.C.2842); 20 CFR 663.500-.595.  20 CFR 663.505(b)(2)(v) and .590.  20 CFR 663.510.  20 CFR 663.515 and .530.  20 CFR 663.535.  20 CFR 663.555.  20 CFR 663.565.  20 CFR 663.570.  65 FR 49336 (August 11, 2000).  65 FR 49336 (August 11, 2000).  65 FR 49340 (August 11, 2000).  65 FR 49341 (August 11, 2000).  Section 134(d)(4)(E) of WIA (29 U.S.C.2864(d)(4)(E)); 20 CFR 663.600.  Section 101(25)(F) of WIA (29 U.S.C.2801(25)(F)); 20 CFR 663.640.  65 FR 49344 (August 11, 2000).  Section 134(d)(4)(E) of WIA (29 U.S.C.2864(d)(4)(E)); 20 CFR 663.600.  Section 129 of WIA (29 U.S.C.2854).  20 CFR Part 664.  65 FR 49347 (August 11, 2000).  65 FR 49347 (August 11, 2000).  20 CFR 664.100.  20 CFR 664.110.  20 CFR 664.200.  Section 129(c)(5) of WIA (29 U.S.C. 2854(c)(5)); 20 CFR 664. 220.  20 CFR 664.250.  20 CFR 664.215.  20 CFR 664.405(a).  20 CFR 664.405(b).  20 CFR 664.400(c).  20 CFR 664.405(d).  20 CFR 664.405(f).  20 CFR 664.410.  20 CFR 664.405(a) and (b). See also 20 CFR 664.405(g).  20 CFR 664.500, .510.  20 CFR 664.600.  20 CFR 664. 700.  Section 136 of WIA (29 U.S.C.2871); 20 CFR Part 666.  65 FR 49359 (August 11, 2000).  20 CFR 666.100.  65 FR 49360 (August 11, 2000).  20 CFR 666.130.  65 FR 49361 (August 11, 2000).  20 CFR 666.140.  20 CFR 666.200.  20 CFR 666.230.  20 CFR 666.240.  Section 136(d)(2)(F) of WIA (29 U.S.C.2871(d)(2)(F)); 20 CFR 667.300(e).  20 CFR 666.300.  20 CFR 666.310.  20 CFR 666.400.  20 CFR 666.420.  29 CFR Part 37.  29 CFR Part 34.  Attachment to 29 CFR part 37 published in the Federal Register at 65 FR 51984-51980 (August 25, 2000).  29 CFR 37.1.  29 CFR 37.2.  29 CFR 37.5.  29 CFR 37.7.  64 Federal Register 61692, November 12, 1999.  29 CFR 37.7(a).  29 CFR 37. 7(c).  29 CFR 37.7(d).  29 CFR 37.7(e).  29 CFR 37.7(g).  29 CFR 37.7(i).  29 CFR 37.8(a).  29 CFR 37.4.  29 CFR 37.8(b).  29 CFR 37.9.  29 CFR 37.10.  29 CFR 37. 12.  29 CFR 37.20.  29 CFR 37.23-.28.  29 CFR 37.29, .36.  29 CFR 37.37-.41.  29 CFR 37.42.  29 CFR 37.51.  29 CFR 37.52.  29 CFR 37.53.  29 CFR 37.54.  29 CFR 37.55.  29 CFR 37. 60-.68.  29 CFR 37.70-.89.  29 CFR 37.76.  29 CFR 85.  64 FR 61697, November 12, 1999.  29 CFR 37.99. PAGE  PAGE 45 ^P¸L‘ÿQJyYs