Policy Chapters and Sections

Notification and Appeal Procedures for Training Providers

Chapter: 7 Section: 3.7
Effective Date: 4/20/2016
Expiration Date: Continuing
Published Date: 6/25/2021 2:21:43 PM
Status: Current
Version: 1

Tags: Program Eligibility, Services

  1. An LWIB that denies or revokes initial or continued eligibility of a training provider and/or any of its training programs for which it has sought approval must notify the affected provider in writing of its decision.  The notice shall include the following information:
    1. The training program(s) that are being denied or revoked eligibility;
    2. The reason(s) for the denial or revocation; and
    3. Information about the opportunities the provider has to appeal the decision.
  2. The notice must be sent within seven (7) days of the decision to the training provider via registered mail with a copy sent to Department of Commerce and Economic Opportunity, Office of Employment and Training (OET).
  3. The training provider has twenty-one (21) days, from the date of receipt of the notice of denial or revocation of eligibility in which to file an appeal to the local workforce innovation board (LWIB). The appeal must include the following information:
    1. A statement that the training provider is appealing the denial or revocation of its eligibility;
    2. The reason(s) the eligibility should be granted;
    3. Contact information for additional information; and
    4. The signature of the chief executive of the training provider.
  4. The appeal must be submitted formally, in writing, and must be sent by registered mail no later than the twenty-first (21st) day from the date of receipt of the notice of denial or revocation.
  5. The LWIB, or a committee designated by the LWIB, will review the request for appeal within twenty-one (21) days of its receipt. 
    1. If an administrative error was made or if additional information submitted by the training provider changes the basis upon which the original decision to deny or revoke eligibility was issued, the decision may be reversed and the training program(s) granted the appropriate initial or continued eligibility for inclusion on the eligible training provider list (ETPL).
    2. If the LWIB reverses its decision, it will notify the training entity of its action in writing within seven (7) days. The LWIB will also forward a request to OET for inclusion on the ETPL.
    3. If the LWIB does not reverse its decision to deny or revoke eligibility and inclusion on the ETPL, it shall notify the provider within twenty-one (21) days from the receipt of the request that the program(s) was not determined eligible.
    4. The notice shall be sent in writing by registered mail.  The notice will include information about the opportunities for the provider to appeal its denial of eligibility with OET.  A copy of the letter will be forwarded to OET.
  6. A provider shall have twenty-one (21) days from the receipt of the final decision by the LWIB to appeal the denial or revocation to OET.
    1. OET will have thirty (30) days to complete its investigation into the matter, gather additional information from the affected LWIB(s) file and from the provider (such as the completed local appeal), and issue a final determination of eligibility.
    2. During this time period, OET will convene a meeting with the affected parties, if requested.
    3. This final determination will be forwarded to the training provider and the LWIB(s) in writing.
    4. If OET overturns the decision of the LWIB, the program(s) will be included on the statewide list within seven (7) days.
    5. OET will not make a final decision to overturn the decision of an LWIB without convening a meeting with all of the affected parties.
  7. OET has the ability to ask an LWIB to deny or revoke a training provider or its program(s) eligibility and have it removed from the list “for cause”.
    1. If such decision is made, OET must send a formal written notice of its concerns to the affected LWIB(s).  The notice will require local action on the matter.
    2. The LWIB(s) will have the option of providing OET with additional information that would clarify and substantiate the provider’s eligibility status or of initiating removal of the provider or its program(s) from the ETPL.
    3. Both the notice from OET to the affected LWIB(s) and the board’s response to the notice must be sent by registered mail.
    4. The LWIB(s) has twenty-one (21) days to respond in writing to the OET notice.