SUBCHAPTER 20B ‑ ADMINISTRATIVE PROVISIONS
SECTION .0100 ‑ DESIGNATION OF SERVICE DELIVERY AREAS
04 NCAC 20B .0101 DESIGNATION OF SERVICE DELIVERY AREAS
(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.
History Note: Authority 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.
04 NCAC 20B .0102 REDESIGNATION OF
SERVICE DELIVERY AREAS
(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.
(c) Redesignation After Notice of Failure to Agree.
(1) A unit of government that serves as a
service delivery area or any unit or units of government in a consortium that
serves as a service delivery area must notify the Director when it is clear to
the appropriate chief elected official(s) that the private industry council and
the chief elected official will not agree on a service delivery area job
training plan. The Director may endeavor to negotiate a mutually agreeable job
training plan, but will not be required to do so if he or she reasonably
believes that negotiation would be unproductive.
(2) The notice of failure to agree must be
accompanied by a request for redesignation containing the information required
in Paragraph (b)(2) of this Rule and attaching a copy of the resolution of the
governing board or statement of the chief elected official that agreement on
the job training plan will not be reached.
(d) Involuntary Redesignation.
(1) If the Governor determines that, because of
shifts in population or changes in originally designated service delivery
areas, the existing service delivery areas do not satisfy the intent of JTPA,
the Governor may request that the State Job Training Coordinating Council
propose appropriate service delivery areas as described in Section 101 of JTPA.
Units of government and consortia of units of government may request
designation as a service delivery area.
(2) If the Governor determines that an existing
service delivery area has grossly or abusively misappropriated funds or grossly
or abusively maladministered activities, and if corrective action has not been
taken, the Governor may condition the receipt of future subgrant funds on the
filing of a petition for redesignation under Paragraph (b) of this Rule,
provided that his sanction shall only be used where the existing designation
does not serve the best interests of the residents of the service delivery area
and would not protect the integrity of funds, for which the state may be
liable.
(e) Redesignations will be accompanied by a reconstitution
of the affected private industry councils.
(f) The redesignation of the service delivery area for any
unit(s) of government shall not affect the right of the Division to proceed
against the unit(s) of government for disallowed costs incurred by the service
delivery area grant recipient during the period in which the unit(s) of
government belonged to the service delivery area.
(g) Determinations under this Section are reviewable
pursuant to 4 NCAC 20C .0002 or by the Secretary of USDOL if JTPA Section 101 (A)(4)(c)
applies.
History Note: 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. August 1, 1988; July 1, 1988; October 1,
1984; August 1, 1982.
04 NCAC 20B .0103 RESERVED
04 NCAC 20B .0104 LOCATION
04 NCAC 20B .0105 REQUESTS FOR INFORMATION BY THE PUBLIC
04 NCAC 20B .0106 FUNCTIONS
04 NCAC 20B .0107 ADMINISTRATIVE PROCEDURES: COMPLAINTS
AND SANCTIONS
04 NCAC 20B .0108 GENERAL HEARING AND APPEAL PROCEDURES
History Note: 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.
04 NCAC 20B .0109 COMPLAINTS: DEMONSTRATED
EFFECTIVENESS: CONTRACT BIDS
History Note: 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.
SECTION .0200 ‑ PLANNING AND CONTRACTING
04 NCAC 20B .0201 JOB TRAINING PLANS FOR SERVICE
DELIVERY AREAS
(a) An acceptable and approved job training plan is a
prerequisite to the receipt of subgrant funds from the Division. Except for
the grant period that expires June 30, 1984, the job training plan shall cover
two program years.
(b) The job training plan must be developed as described in
the written agreement between the private industry council and the chief
elected official(s) and in a manner consistent with federal law. The proposed
plan or a summary thereof must be published and made available for review and
comment to groups designated in the JTPA, any specific groups required by the
Division and the public, at least 120 days before the beginning of the first of
the two program years covered by the job training plan. The final plan must be
published not less than 80 days before the beginning of the first of the two
program years. The final plan must be submitted in writing not less than 80 days
before the beginning of the first of the two program years.
(c) The job training plan shall be submitted in a format
required by the Division. It must have received the approval of the private
industry council, and bear the signature of that chairperson, and the chief
elected official(s), and bear the signature(s) of the official(s). It shall
address all the requirements in Section 104 of the JTPA.
(d) Modifications shall be treated in the same manner as
plans, except that publication 120 days in advance of the first of the two
program years is not required. Modifications must be published and submitted
at least 80 days before their effective date. Amendments of a minor matter not
effecting a material change in the job training plan may be deemed by the
Division to constitute clarifications rather than modifications.
(e) The Governor, upon recommendation of the State Job
Training Coordinating Council, will approve job training plans and
modifications unless he finds that a condition identified in Section 105(b) of
the JTPA is present or that the plan or modification violates state law.
Approval or disapproval will occur within 30 days of submission of the plan or
modification, except as described in Paragraphs (f) or (g) of this Rule.
(f) Individuals who represent a substantial client interest
and took appropriate steps to present his or her views and seek resolution
prior to submission of the plan to the Governor may, upon demonstration of such
qualification, petition the Director, as delegate of the Governor, to
disapprove a plan or modification, provided that the petition must be in
writing received within 15 days of submission of the plan or modification or
within 10 days of submission of a resubmitted plan or resubmitted modification
and that the petition must specify that the request is based on a violation of
statutory requirements in the plan itself. Petitions that fail to comply with
the requirements of this Paragraph will not be considered. If the Governor
approves the plan, the Director, as delegate of the Governor, will notify the
petitioner of the approval and the reasons thereof. If a petition is filed,
the time for approval or disapproval of an original plan or modification shall
be extended an additional 15 days.
(g) In the event of disapproval of a job training plan or
modification, the Director will notify the chairperson of the private industry
council and the chief elected official(s), who shall have 20 days from receipt
of that notice to file with the Director a correction of the deficiencies in
plan or modification. The Governor shall review and approve or disapprove the
resubmitted plan or modification within 15 days, which 15 days may not be
extended by a petition under Paragraph (e) of this Rule, although a petition
that satisfies the requirements of Paragraph (e) of this Rule will be
considered.
(h) In the event of disapproval of a plan or modification
or a resubmitted plan or modification, the chairperson of the private industry
council, jointly and in writing, may appeal the disapproval to the Secretary of
Labor, as set forth in 20 C.F.R. 628.5(c) provided such appeal is received
within 30 days of receipt of the disapproval, that a copy of the appeal is
simultaneously provided to the Secretary of Labor, and that federal requirements
are met.
(i) In the event that approval or disapproval is not made
within the time required by these Rules, the existing job training plan shall
continue to control the operation of activities by the service delivery area
administrative entity until approval or disapproval.
(j) In the event of disapproval of a job training plan and
expiration of the prior approved job training plan, the Director may elect to
continue operation under the prior approved job training plan until correction
of deficiencies, resubmission and approval or until resolution of an appeal by
the service delivery area private industry council and chief elected
official(s) of the disapproval, or the Director may elect to take appropriate
measures to assure the operation of job training activities in the service
delivery area consistent with state law and policy and federal law during
resolution of the appeal of disapproval, provided that such measures may not be
punitive and shall be consistent with the job training plans approval for other
service delivery areas.
(k) In the event of further administrative or civil action
by a petitioner under Paragraph (e) of this Rule after the Governor has
approved a job training plan or modification, the plan or modification shall
not be delayed by the further action unless ordered by a tribunal of competent
jurisdiction, by the Secretary of Labor or by the Governor in his discretion,
which discretion shall not be exercised unless there is a likelihood of
substantial injury to the petitioner's client interest and unless there is
insubstantial harm from delay.
(l) The Rural Service Delivery area is not the state, under
Section 105(d) of the JTPA, and shall submit its job training plan and any
modification to the Governor.
History Note: Authority 143B‑430(b); 20 C.F.R.
628.4; Ex. O. No. 93, June 8, 1983;
Eff. February 1, 1976;
Transferred from T01: 18 Eff. September 15, 1981;
Amended Eff. August 1, 1988; October 1, 1984; August 1,
1982.
04 NCAC 20B .0202 JOB TRAINING CONTRACTS BY THE DIVISION
(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.
(c) Contracts may be entered into for a period that does
not extend beyond one fiscal year. Contracts for a period of one year or less
that are part of a proposal to conduct an activity over more than one year may
be extended by the Division if the performance under the original contract is
satisfactory. In such an event, the extension shall be accomplished by the
execution of a new contract document, but, in the event that a request for
proposals would otherwise be required, it may not be required for the
extension.
(d) The selection of service providers by the Division
shall be guided by the following criteria: the effectiveness of the agency or
organization in developing comparable or related services based on demonstrated
performance goals, cost, quality of training, and characteristics of
participants; the ability of the service provider to provide linkages required
by the Governor's Coordination and Special Services Plan; the record of the
service provider as a contractor under previous employment and training grants
or other federal grants, including the monitoring and audit history of the contractor
and the compatibility of the service provider and the program or projects
offered with job training services and service providers throughout the area
and the state. The Division shall not be required to contract with any service
provider about whom the Division has a verifiable reason to doubt its fiscal or
programmatic integrity.
(e) In the event that the Division determines to accept
applications for the operation of a program or project where the program or
project could not reasonably be operated by more than three specific
contractors, such as residential programs for institutionalized individuals,
the Division will not advertise generally for proposals or applications.
Entities that have specifically requested, by writing to the Director, that
they wish to receive and have the opportunity to submit proposals for
applications for the specific type of job training activities sought under this
Paragraph must be considered viable prospective contractors unless they fail to
meet the qualification set out in Paragraph (b) of this Rule. This procedure
is limited to instances in which a total of three potential contractors or less
are identified, and this procedure does not affect the availability of sole
source contracting, when such is appropriate.
History Note: Authority G.S. 143B‑430(b); 143B‑277;
20 C.F.R. 627.21; 20 C.F.R. 629.34;
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.
04 NCAC 20B .0203 CONTRACT STANDARDS
(a) In consideration for receiving JTPA funds from the
Division, the subrecipient shall enter into an agreement with the Division.
Agreements may be subgrant agreements, contracts for job training services or contracts
for services or goods. All agreements are subject to existing purchase and
contract regulations, except as specifically exempted.
(b) Contracts for the purchase of services, other than job
training services, and goods are governed solely by the purchase and contract
regulations, except to the extent the procurement falls under the federal
regulations. Contracts for small purchases, that is contracts for services or
goods that do not exceed ten thousand dollars ($10,000) in the aggregate from a
single contractor in a single billing period, shall be construed by the
Division to be exempt from the federal regulations as to content and provisions
for services and goods contracts.
(c) Contracts for job training services are subagreements
for carrying out the substantive parts of the project for the purposes of the
federal regulations.
(d) Subgrants and contracts for job training services must
contain the following minimum requirements:
(1) A plan of work, such as a job training plan
or a proposal or application;
(2) A budget;
(3) A period of services, with a stipulation
that the agreement shall not be considered completed for statute of limitation
purposes until final federal action on any disallowed costs incurred under the
agreement;
(4) Agreement to comply with applicable federal
and state laws and procedures;
(5) A recognition of the Division's right to
modify the terms to comply with changes in federal law or state statutes,
provided that except where such changes are permitted to have retroactive
effect, such unilateral modification may only have prospective effect;
(6) Reasonable constraints on subcontracting
and subcontract terms;
(7) Budgeting, invoicing, payment and closeout
provisions, including provisions requiring the subgrantee or contractor to
return unexpended funds to the Division, to waive claims to reimbursement for
costs not submitted with the closeout period and to acknowledge the Division's
right to offset, withholding and other appropriate recoupment procedures,
including repayment;
(8) Recordkeeping, reporting and accounting
provisions, consistent with federal law and state policies;
(9) Provisions relative to property procurement
and management;
(10) Civil rights assurances, including
provisions for a grievance procedure as required and identification of an equal
employment opportunity officer;
(11) Provisions permitting monitoring, oversight
and investigation by division and federal personnel;
(12) Prior approval of the governing board or
authorized official, if such is required;
(13) The hearings procedure applicable to the
agreement and disputes thereunder;
(14) Provisions relating the amendment of the
agreement, acknowledging the Division's right to amend the agreement
unilaterally in those instances in which the Division is permitted by law to
amend unilaterally, such as when the Division relieves the subgrantees or
contractor of an obligation under the agreement, and in those instances when a
change in federal or state law or a clarification in state policy requires an
amendment, provided that such amendments, unless otherwise permitted to have
retroactive effect, will have prospective effect only; and
(15) The signatures of the authorized signatories
for the Division and for the subgrantee or contractor, although the signatures
may occur on identical counterparts of the same agreement.
(d) The goals and obligations of the subgrantee or
contractor must be clearly addressed in the job training plan or application or
proposal and must be stated in unambiguous terms. The approval of a subgrant
or a contract and its execution by the Division does not constitute agreement
by the Division that the requirements of this Paragraph have been satisfied.
(e) To the extent that any language in the job training
plan or contract application or proposal or any term of the contract or
subgrant conflicts with federal law, it shall be construed, if possible, in a
manner that shall not cause a conflict with federal law, and if such is not
possible, it shall be construed as void ab initio but shall not effect the
remainder of the subgrant or contract.
History Note: Authority G.S. 143‑277; 143B‑430(b);
20 C.F.R. 629.34; 41 C.F.R. 29‑70;
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.
04 NCAC 20B .0204 DIVISION RESPONSIBILITIES
04 NCAC 20B .0205 TECHNICAL ASSISTANCE AND MONITORING
History Note: 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.
04 NCAC 20B .0206 REQUIRED REPORTING
04 NCAC 20B .0207 REPORT TO THE GOVERNOR ON EQUAL
EMPLOYMENT OPPORTUNITY
04 NCAC 20B .0208 DISTRIBUTION OF REPORTS
History Note: 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.
SECTION .0300 ‑ FISCAL STANDARDS
04 NCAC 20B .0301 BUDGETING
(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.
History Note: 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.
04 NCAC 20B .0302 ACCOUNTING STANDARDS
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.
History Note: 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.
04 NCAC 20B .0303 COST STANDARDS
(a) For cost reimbursement contracts and subgrants, the
subrecipient may elect to receive its costs by advance or by reimbursement,
unless the Division determines to condition funding by requiring reimbursement,
which shall usually be limited to interruptions in federal funding or the
absence of assurance of the fiscal integrity of the subrecipient.
(b) Subrecipients shall include in expenditure or
reimbursement reports all allowable costs actually incurred during the report
period. Allowable costs or expenditures and the frequency and format of
financial reporting will be determined by the Division and by federal law and
reporting requirements.
(c) Cost standards may vary according to the type of
contract or subgrant agreement executed between the Division and the
subrecipient.
(d) Any subgrantee or division contractor that intends to
recover, by advance or reimbursement, must have an approved indirect cost rate
negotiated with its cognizant agency or, if it has no federal cognizant agency,
with the Division. A subgrantee or division contractor that reimburses or
advances payment for indirect costs to its contractors and a contractor that
reimburses or advances payments for indirect costs to its subcontractors are responsible
for ascertaining the existence of, or negotiating those indirect cost rates.
(e) Income derived from activities that have been funded by
JTPA funds, with the exception of on‑the‑job training and tryout
employment, is program income and is subject to division instructions on
program income. Any such income shall increase the funds for that program and
shall be used for program purposes (without regard, however, to cost
categories) unless otherwise specifically prohibited. Program income received
by state agencies, local education agencies and quasi‑public non‑profit
organizations, such as private non‑profit hospitals, may be exempted from
all or some of the program income instructions on a showing to the Division of
good cause for the exemption.
(f) In‑kind contributions of services and donations
of property are generally allowable only to offset disallowed costs, except
that in‑kind contributions and donations may be used for matching fund
purposes. Offset is only permissible with the prior written approval of the
Division.
(g) The matching contribution required for some employment
and training activities may, without limitation, consist of:
(1) Charges incurred by a subrecipient as
project costs including charges not requiring cash outlays during the subgrant
or contract period;
(2) Federal funds, only to the extent the
authorizing legislation specifically permits their use as matching funds;
(3) Project costs financed with cash
contributed or donated to the subrecipient by non‑federal third parties;
(4) Employer's on‑the‑job training
contributions;
(5) Full time equivalency accruals in the
community college system earned by Title III participants (available for Title
III only);
(6) Unemployment benefits paid from state funds
to participants (limited to 50 percent of the matching funds contribution);
(7) Employers' expenditures on behalf of Title
III participants, such as the cost associated with outplacement centers,
retraining programs, resume services and the like, during the period of the
subgrant or contract and to the extent that the activities conducted are
allowable activities within the contract or subgrant;
(8) Education costs, which may be based on a
proportion of actual costs relative to the participation of participants in the
education services, plus extraordinary costs of education services, provided to
JTPA participants;
(9) In‑kind services, to the extent
approved, that provide services that are reasonable and necessary for the
proper and efficient operation and accomplishment of program or project
objectives;
(10) Donated property that is necessary and
reasonable for the proper and efficient operation and accomplishment of program
or project objectives, which may be considered as part of the matching share on
approval of the Division; and
(11) Such other property, services, expenditures
or costs as the Director may determine contributes to program or project
objectives.
History Note: Authority 20 C.F.R. 629.31; 20 C.F.R.
629.46; 41 C.F.R. 29.70;
OMB Circular A‑102, January 1981; Ex. O. 93, June
8, 1983; 143B‑430(b);
February 1, 1976;
Transferred from T01: 18 Eff. September 15, 1981;
Amended Eff. October 1, 1984; August 1, 1982.
04 NCAC 20B .0304 PROCUREMENT AND PROPERTY STANDARDS
(a) In order to insure that the maximum benefit is derived
from subgrant and contract funds, subrecipients must adhere to all federal,
state, local and internal procurement guidelines. Non‑governmental
subrecipients must adopt and adhere to procurement procedures that reflect
compliance with the intent of laws and regulations applicable to governmental
subrecipients, specifically prohibitions on solicitation or acceptance of
anything of monetary value from suppliers or potential conflict of interest for
a member of the board of the subrecipient, an officer of the subrecipient, an
employee or agency of the subrecipient, or a member of the immediate family of
a board member, officer or employee.
(b) Cost plus a percentage of cost contracts are
prohibited.
(c) Real property may not be procured or received without
prior written authorization from the Division. Nonexpendable property may not
be affixed to real property without the prior written authorization of the
Division. The Division may condition the procurement or receipt of real
property or the affixation of nonexpendable property to real property, as the
Division considers is necessary to comply with federal law and to effectuate
JTPA policies. Except where specific written authorization has been procured,
the affixation of nonexpendable property to real property is a conversion of
that property.
(d) Nonexpendable property shall be subject to the
following regulations:
(1) Title to property. Title to all
nonexpendable property, except nonexpendable property to which the federal
government claims title, that is purchased with federal employment and training
funds received directly or indirectly through the Division, shall be in the name
of the Department. To the extent possible, nonexpendable property should be
procured with funds from a single grant source, to facilitate identification of
nonexpendable property. Where nonexpendable property is purchased in part with
JTPA funds and in part with other funds, the Department has a proportionate
interest in the property and it is covered by this Paragraph.
(2) Use. Nonexpendable property may be used by
the subgrantee or contractor as long as there is a need for such property to
accomplish the subgrant or contract objectives, or the objectives of subsequent
contracts or subgrants from the Division, supported by JTPA funds.
(3) Transfer. When the subgrantee or
contractor no longer needs the nonexpendable property, it is the responsibility
of the subgrantee or contractor to return the property to the physical control
of the Division. The Division may provide transportation for the property.
This Section shall not apply if the depreciated value of the property is less
than one hundred dollars ($100.00), in which case the subgrantee or contractor,
after completion of any required forms, may retain the nonexpendable property,
unless the federal government has a claim to the title of the property.
(4) Constructive Transfer. The use of property
for non‑JTPA purposes will be deemed a constructive transfer to the
subgrantee or contractor, which will be liable for the fair market value of the
nonexpendable property at the time of the constructive transfer. The fair
market value will be payable to the Division, or in the Division's discretion,
to the subgrant or contract funds, where it will be treated in all respects as
program income, except that the exemption for on‑the‑job training
and tryout employment programs will not apply to program income generated in
this manner.
(5) Non‑expendable property must be
subjected to a physical inventory not less than once a year. Subgrantees must
identify property officers responsible for the maintenance of an inventory.
The Division will conduct the inventory of its contractors' nonexpendable
property and will conduct periodic reviews of the inventory of subgrantees'
nonexpendable property. Physical inventories made other than at the close of
the fiscal year must be updated effective the last day of the fiscal year.
(6) All nonexpendable property must have
property labels, as required by the state and federal regulations, affixed.
The property officer for the subgrantee shall be responsible, in concert with
the Division, for assuring that all subgrantee nonexpendable property bears the
appropriate label(s).
(7) Property records shall be maintained
accurately and shall provide:
(A) A description of the property;
(B) Manufacturer's serial number or other identification
number;
(C) Acquisition date and unit acquisition cost;
(D) Source of the property;
(E) Percentage of JTPA funds used in the acquisition;
(F) Location, use and condition of the property;
(G) State and/or federal government control number from
label; and
(H) Ultimate disposition data.
(8) Adequate maintenance procedures shall be
implemented to insure maximum use of the property.
(9) Nonexpendable intangible property shall
become the property of the Division when developed by or in a funded activity,
as a work for hire by the Division. The intangible property shall be
available, for the costs of reproduction to any subgrantee or contractor for
JTPA purposes, and shall be available as otherwise required by the federal
regulations. Income generated from intangible property will be payable to the
Division, to the subgrant or contract funds where the intangible property was
developed, where it will be treated as program income.
(e) Nothing in Rule .0304 is meant or should be interpreted
to contravene applicable federal law governing the procurement, use or
disposition of property acquired by a subrecipient with federal funds.
(f) Property donated to a subrecipient shall not be
construed as donated to the grant or contract itself unless it is specifically
so designated. The value of donated property may be used for matching funds
purposes without donation to the grant or contract. In the event that property
is donated to the grant or contract, it shall be treated as acquired property
subject to applicable regulations. The unit acquisition cost upon which the
property should be categorized is the fair market value at the time of
donation.
(g) Property purchased by a subrecipient with funds
generated by or in a performance‑based contract is not subject to Rule
.0304.
History Note: Authority G.S. 143‑277; 143B‑430(b);
Ex. O. 93, June 8, 1983; 20 C.F.R. 629.41;
41 C.F.R. 29‑70;
Eff. February 1, 1976;
Transferred from T01: 18 Eff. September 15, 1981;
Amended Eff. June 1, 1985; October 1, 1984; August 1,
1982.
04 NCAC 20B .0305 ADMINISTRATION OF THE PLANS
History Note: 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.
04 NCAC 20B .0306 PROGRAM ASSESSMENT
04 NCAC 20B .0307 CORRECTIVE ACTION
History Note: 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.
SECTION .0400 ‑ PERSONNEL STANDARDS FOR SUBRECIPIENTS
04 NCAC 20B .0401 GENERAL PERSONNEL STANDARDS FOR
SUBRECIPIENTS
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.
History Note: 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.
04 NCAC 20b .0402 federal personnel standards
04 NCAC 20B .0403 state personnel standards for
subrecipients
History Note: 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.
04 NCAC 20B .0404 CERTAIN POLITICAL ACTIVITIES
PROHIBITED
(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.
History Note: 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.
04 NCAC 20B .0405 FISCAL REPORTING REQUIREMENT: GENERAL
04 NCAC 20B .0406 METHODS OF PAYMENT
04 NCAC 20B .0407 INVOICE PROCEDURES AND PENALTIES
04 NCAC 20B .0408 OTHER REPORTING REQUIREMENTS
04 NCAC 20B .0409 AUDITING REQUIREMENTS
04 NCAC 20B .0410 PROGRAM MONITORING REQUIREMENTS
04 NCAC 20B .0411 CONTRACTS ADMINISTRATION POLICIES AND
PROCEDURES BULLETIN
History Note: 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.
04 NCAC 20B .0412 NON‑DISCRIMINATION AND EQUAL
EMPLOYMENT OPPORTUNITY
(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.
History Note: 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.
04 NCAC 20B .0413 NEPOTISM PROHIBITED
(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.
History Note: Authority G.S. 14‑234; 143B‑430(b);
Eff. October 1, 1984.
SECTION .0500 ‑ REPORTING AND EVALUATION
04 NCAC 20B .0501 REPORTING AND RECORDS
(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.
History Note: 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.
04 NCAC 20B .0502 EVALUATION
(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.
History Note: 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.
04 NCAC 20B .0503 MEETINGS
04 NCAC 20B .0504 STAFF SUPPORT
History Note: 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.
SECTION .0600 ‑ AUDIT STANDARDS
04 NCAC 20B .0601 ANNUAL FINANCIAL AND COMPLIANCE AUDIT
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.
History Note: 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.
04 NCAC 20B .0602 AUDIT CONTRACTS
(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.
History Note: 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.
04 NCAC 20B .0603 EXCEPTIONS TO AUDIT REQUIREMENTS
(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.
History Note: 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.
04 NCAC 20B .0604 AUDIT RESOLUTION PROCESS
(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.
History Note: 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.
SECTION .0700 ‑ STATE JOB TRAINING COORDINATING COUNCIL
04 NCAC 20B .0701 MEMBERSHIP AND FUNCTIONS OF COUNCIL
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.
History Note: Authority Ex. O. 93, June 8, 1983; 20
C.F.R. 627.4; 143B‑430(b);
Eff. August 1, 1982;
Amended October 1, 1984.
04 NCAC 20B .0702 ACTIONS AGAINST THE COUNCIL OR COUNCIL
MEMBERS
(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.
History Note: Authority Ex. O. 93, June 8, 1983; 20
C.F.R. 629.51; 143B‑430(b);
Eff. August 1, 1982;
Amended August 1, 1988; October 1, 1984.
04 NCAC 20B .0703 MEETINGS
04 NCAC 20B .0704 STAFF SUPPORT
History Note: Authority G.S. 143B‑430(b); 143B‑341;
20 C.F.R. 679.3‑5;
Eff. August 1, 1982;
Repealed Eff. October 1, 1984.
SECTION .0800 ‑ MISCELLANEOUS PROVISIONS
04 NCAC 20B .0801 COOPERATIVE AGREEMENTS
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.
History Note: Authority Ex. O. 93, June 8, 1983; 20
C.F.R. 627.5; 143B‑430(b);
Eff. October 1, 1984.
04 NCAC 20B .0802 STATE LABOR MARKET INFORMATION SYSTEM
DESIGNATION
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.
History Note: Authority Ex. O. 93, June 8, 1983; P.L.
97‑300, Section 125; 143B‑430(b);
Eff. October 1, 1984.
04 NCAC 20B .0803 WAIVER UNDER SECTION 108(C) OF JTPA
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.
History Note: Authority Ex. O. 93, June 8, 1983; 20
C.F.R. 629.21; 143B‑430(b);
Eff. October 1, 1984.
04 NCAC 20B .0804 DIVISION DIRECTIVES
(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.
History Note: Authority 143B‑430(b); Ex. O. 93,
June 8, 1983;
Eff. October 1, 1984.
04 NCAC 20B .0805 SECTARIAN ACTIVITIES PROHIBITED
(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.
(c) Participants may be employed at religiously affiliated
elementary or secondary schools or day care facilities or at elementary or
secondary schools or day facilities used for religious worship if:
(1) Attendance at the school or facility if
open to the community at large without regard to religious affiliation; and
(2) The participant is not leading or instructing
in religious or sectarian activities.
(d) The Division will endeavor to evaluate the functions of
the participants rather than the scope of the activities conducted in a
facility, to the extent the Division is permitted to do so under federal law.
History Note: Authority Ex. O. 93, June 8, 1983; 20
C.F.R. 629.3; 143B‑430(b);
Eff. October 1, 1984.
section .0900 - EMPLOYMENT AND TRAINING GRANT PROGRAM
04 NCAC 20b .0901 purpose
04 NCAC 20B .0902 grant applications
History Note: 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.
04 NCAC 20B .0903 ALLOCATION OF GRANTS
History Note: Filed as a Temporary Adoption Eff. July
25, 1991 for a period of 180 days to expire on
January 21, 1992;
Statutory Authority G.S. 143B‑438.6;
ARRC Objection Lodged August 22, 1991;
Repealed Eff. December 1, 1991.
Editor's Note: Agency repealed rule to satisfy objection
to permanent rule.
04 NCAC 20b .0904 coordination with other employment and
training funds
History Note: Authority G.S. 143B-438.6;
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.
04 NCAC 20B .0905 ELIGIBILITY
History Note: Filed as a Temporary Adoption Eff. July
25, 1991 for a period of 180 days to expire on
January 21, 1992;
Statutory Authority 143B‑438.6;
ARRC Objection Lodged August 22, 1991;
Repealed Eff. December 1, 1991.
Editor's Note: Agency repealed rule to satisfy objection
to permanent rule.
04 NCAC 20b .0906 use of funds
04 NCAC 20B .0907 cost limitations/categories
History Note: Authority G.S. 143B-438.6;
Temporary Adoption Eff. July 25, 1991 for a period of 180
days to expire on January 21, 1992;
ARRC Objection Lodged August 22, 1991 (Rule .0907);
Eff. December 1, 1991;
Repealed Eff. July 1, 2012.
04 NCAC 20B .0908 REPORTING
History Note: Filed as a Temporary Adoption Eff. July
25, 1991 for a period of 180 days to expire on
January 21, 1992;
Statutory Authority G.S. 143B‑438.6;
ARRC Objection Lodged August 22, 1991;
Repealed Eff. December 1, 1991.
Editor's Note: Agency repealed rule to satisfy objection
to permanent rule.
04 NCAC 20b .0909 PERFORMANCE STANDARDS
04 NCAC 20B .0910 MONITORING/OVERSIGHT
04 NCAC 20B .0911 FUND AVAILABILITY/REDISTRIBUTION
History Note: Authority G.S. 143B-438.6;
Temporary Adoption Eff. July 25, 1991 for a period of 180
days to expire on January 21, 1992;
ARRC Objection Lodged August 22, 1991 (Rule .0909,
.0911);
Eff. December 1, 1991;
Repealed Eff. July 1, 2012.
04 NCAC 20B .0909 PERFORMANCE STANDARDS
Program performance will be evaluated by the Division using
a process patterned after the system of performance standards and measures
required by the JTPA. Local performance measures will be entered employment rate
at termination; average wage at placement; welfare entered employment rate at
termination.
History Note: Filed as a Temporary Adoption Eff. July
25, 1991 for a period of 180 days to expire on
January 21, 1992;
Statutory Authority G.S. 143B‑438.6;
ARRC Objection Lodged August 22, 1991;
Eff. December 1, 1991.
