CHAPTER 20 ‑ EMPLOYMENT AND TRAINING
SUBCHAPTER 20A ‑ GENERAL PROVISIONS
04 NCAC 20A .0101 DEFINITIONS
04 NCAC 20A .0102 APPLICABILITY OF RULES
History Note: Authority G.S. 143B‑430(b); 20 C.F.R. 626.4; Ex. O. No. 93, June 8, 1983;
Eff. July 1, 1980;
Temporary Amendment Eff. July 25, 1991 for a period of 180 days to expire on January 21, 1992;
Amended Eff. May 1, 1992; December 1, 1991; August 1, 1988; July 1, 1988; December 1, 1985; October 1, 1984; August 1, 1982;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
04 NCAC 20A .0103 FUNCTIONS AND LOCATION OF THE DIVISION
04 NCAC 20A .0104 REQUESTS FOR INFORMATION BY THE PUBLIC
History Note: Authority G.S. 132‑1 through 132‑9; 143B‑430(b); 20 C.F.R. 626.1; Ex. O. No. 93, June 8, 1983;
Eff. October 1, 1984;
Amended Eff. May 1, 1992;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
SUBCHAPTER 20B ‑ ADMINISTRATIVE PROVISIONS
SECTION .0100 ‑ DESIGNATION OF SERVICE DELIVERY AREAS
04 NCAC 20B .0101 DESIGNATION OF SERVICE DELIVERY AREAS
04 NCAC 20B .0102 REDESIGNATION OF SERVICE DELIVERY AREAS
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;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
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Repealed Eff.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Repealed Eff.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
04 NCAC 20B .0202 JOB TRAINING CONTRACTS BY THE DIVISION
04 NCAC 20B .0203 CONTRACT STANDARDS
History Note: Authority G.S. 143‑277; 143B‑430(b); 20 C.F.R. 627.21; 20 C.F.R. 628.4; 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. August 1, 1988; October 1, 1984; August 1, 1982;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
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
04 NCAC 20B .0302 ACCOUNTING STANDARDS
04 NCAC 20B .0303 COST STANDARDS
04 NCAC 20B .0304 PROCUREMENT AND PROPERTY STANDARDS
History Note: Authority G.S. 143‑277; 143B‑430(b); 20 C.F.R. 629.41; 41 C.F.R. 29‑70; 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. June 1, 1985; October 1, 1984; August 1, 1982;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
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
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;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
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
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;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
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
04 NCAC 20B .0413 NEPOTISM PROHIBITED
History Note: Authority G.S. 14‑234; 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;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
SECTION .0500 ‑ REPORTING AND EVALUATION
04 NCAC 20B .0501 REPORTING AND RECORDS
04 NCAC 20B .0502 EVALUATION
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; 20 C.F.R. 629.46; 41 C.F.R. 29‑70.203;
Eff. November 17, 1976;
Transferred from T01: 18; Eff. September 15, 1981;
Amended Eff. August 1, 1988; July 1, 1988; October 1, 1984; August 1, 1982;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
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
04 NCAC 20B .0602 AUDIT CONTRACTS
04 NCAC 20B .0603 EXCEPTIONS TO AUDIT REQUIREMENTS
04 NCAC 20B .0604 AUDIT RESOLUTION PROCESS
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;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
SECTION .0700 ‑ STATE JOB TRAINING COORDINATING COUNCIL
04 NCAC 20B .0701 MEMBERSHIP AND FUNCTIONS OF COUNCIL
04 NCAC 20B .0702 ACTIONS AGAINST THE COUNCIL OR COUNCIL MEMBERS
History Note: Authority G.S. 143B‑430(b); Ex. O. 93, June 8, 1983; 20 C.F.R. 627.4; 20 C.F.R. 629.51;
Eff. August 1, 1982;
Amended Eff. August 1, 1988; October 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
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
04 NCAC 20B .0802 STATE LABOR MARKET INFORMATION SYSTEM DESIGNATION
04 NCAC 20B .0803 WAIVER UNDER SECTION 108(C) OF JTPA
04 NCAC 20B .0804 DIVISION DIRECTIVES
04 NCAC 20B .0805 SECTARIAN ACTIVITIES PROHIBITED
History Note: Authority G.S. 143B‑430(b); Ex. O. 93, June 8, 1983; 20 C.F.R. 627.5; 20 C.F.R. 629.21; 20 C.F.R. 629.3; P.L. 97‑300, Section 125;
Eff. October 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;
Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.
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.
SUBCHAPTER 20C ‑ ADJUDICATIVE PROVISIONS/GENERAL PROVISIONS FOR ADMINISTRATIVE ADJUDICATIONS
04 NCAC 20C .0101 ADMINISTRATIVE PROCEDURES GENERALLY
(a) The administrative procedures of the Division are governed by G.S. 150B, except to the extent modified in this Chapter in accordance with federal law.
(b) Procedures for administrative review shall be governed by the provisions of Rule .0002 of this Subchapter.
(c) Procedures for division review shall be governed by the provisions of Rule .0003 of this Subchapter.
(d) Procedures for grievances shall be governed by Rule .0004 of this Subchapter.
(e) Nothing in this Chapter 20 shall be construed to allow an individual to join or sue the Governor with respect to the Governor's responsibilities under JTPA or these Regulations, or the Secretary or Director, with respect to their responsibilities as delegate of the Governor for JTPA purposes, or the State Job Training Coordinating Council or any member thereof, with respect to their responsibilities under JTPA or these Regulations, without first exhausting the administrative remedies described in this Chapter.
(f) The burden of proof in a hearing rests with the complainant.
(g) Nothing in this Subchapter shall be construed to preclude the dismissal of complaints that would be subject to dismissal under the Rules of Civil Procedure. Summary disposition of cases, when warranted, shall be permitted.
(h) The address of the Office of Administrative Hearings is Post Office Drawer 27447, Raleigh, North Carolina, 27611‑7447 and the address of the Division is 111 Seaboard Avenue, Raleigh, North Carolina 27604.
History Note: Authority G.S. 143B‑430(b); 150B; 20 C.F.R. 629.52;
Eff. July 1, 1980;
Amended Eff. May 1, 1992; August 1, 1988; February 1, 1986; October 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019.
04 NCAC 20C .0102 PROCEDURES FOR ADMINISTRATIVE REVIEW
Administrative review shall be governed by G.S. 150B, except that:
(1) Complaints shall be made within one year of the alleged occurrence;
(2) Hearings on any complaint shall be conducted within 30 days of filing of a complaint and final decisions shall be made not later than 60 days after the filing of a complaint;
(3) Where the complainant provides the Secretary of USDOL reason to believe that the recipient is failing to comply with the requirements of the JTPA or the terms of the job training plan, the JTPA requires the Secretary of USDOL to investigate the allegation or belief and determine within 120 days after receiving the complaint whether such allegation or complaint is true; and,
(4) Regarding actions pursuant to Subchapter 20C .0006(d), opportunity for a hearing must be provided within 30 days of such actions.
History Note: Authority G.S. 143B‑430(b); 150B; JTPA S 144; 20 C.F.R. 629.58;
Eff. July 1, 1980;
Amended Eff. August 1, 1988; October 1, 1986; February 1, 1986; October 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019.
04 NCAC 20C .0103 PROCEDURES FOR DIVISION REVIEW
(a) If, regarding a complaint against a subrecipient, agent of a subrecipient or private industry council, a complainant does not receive the respondent's decision within 60 days of the complainant's filing or receives a decision unsatisfactory to the complainant, the complainant may request division review. Such requests for division review may be made to the Division only upon a showing of exhaustion of administrative remedies provided by the respondent.
(b) Requests must be filed within ten days of receipt of the unsatisfactory decision or ten days from the date on which the complainant should have received a decision.
(c) A request for division review must be specific and shall raise all issues of fact and law upon which the appeal is based. Review will not be available as to matters not raised in the proceeding review of which is requested, nor as to matters not raised in the request for review. The request must be in writing signed by the petitioner. If the petitioner is an entity, the request must be signed by the authorized signatory for the petitioner. The Director may require a resolution of the governing board of the petitioner authorizing the request. A copy of the request must be mailed certified, return receipt requested to the respondent.
(d) Review shall be by the Director, who may provide for oral hearing in his discretion. The Director shall determine if the respondent's procedures provided due process, if the respondent correctly followed its procedures and if the determination is clearly erroneous or is not based on fact. A written decision shall be rendered by the Director within 30 days of receipt of the request for division review. The Director's decision is final and shall so state.
(e) If the Director fails to render a decision as required in Paragraph (d), the complainant may they request from the Secretary of USDOL a determination whether reasonable cause exists to believe that the Act or its regulations have been violated.
History Note: Authority G.S. 143B‑430(b); 150B; 20 C.F.R. 629.52; 20 C.F.R. 629.58;
Eff. July 1, 1980;
Amended Eff. August 1, 1988; February 1, 1986; October 1, 1984; August 1, 1982;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019.
04 NCAC 20C .0104 PROCEDURES FOR GRIEVANCES
(a) All grievances other than those alleging discrimination on the basis of handicap pursuant to Section 504 of the Rehabilitation Act, shall be filed directly with the Director of Civil Rights, U.S. Department of Labor, within 180 days of the alleged discrimination.
(b) All grievances alleging violations of Section 504 of the Rehabilitation Act must be filed within 180 days pursuant to procedures established by the subrecipient complained against.
History Note: Authority G.S. 143B‑20; 150B; 20 C.F.R. 626.2(b); 29 C.F.R. 31.7; 29 C.F.R. 32.45(b); Section 504, Rehabilitation Act; Ex. O. 93, June 8, 1983;
Eff. July 1, 1980;
Amended Eff. August 1, 1988; February 1, 1986; October 1, 1984; March 1, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019.
04 NCAC 20C .0105 DIRECT APPEALS TO THE SECRETARY
History Note: Authority G.S. 143B‑430(b); 150B; Ex. O. 93, June 8, 1983; 20 C.F.R. 620.51;
20 C.F.R. 629.58;
Eff. March 1, 1983;
Amended Eff. February 1, 1986; October 1, 1984;
Repealed Eff. August 1, 1988.
04 NCAC 20C .0106 SANCTIONS
(a) The Division, through the Director, and the Department, through the Secretary, shall be authorized to impose any sanction permitted by the JTPA, applicable federal regulations, the subgrant agreement or the contract document or state law. The Director and the Secretary are the delegates of the Governor and may exercise the sanction authority reserved for the Governor in the JTPA.
(b) Upon a determination that a subrecipient has violated a specific term of the JTPA, the applicable federal regulations, or state law, or that a violation has occurred in a subrecipient's programs or projects or other funded activity, the Director or the Secretary may condition funding to the extent necessary to assure the violations will not continue. If conditional funding does not effect compliance, the Governor may issue a notice of intent to revoke all or part of a subrecipient's funding from the Division. The revocation shall be effective when the time for appeal has expired or the Secretary of Labor has issued a decision on an appeal. The appeal procedure shall correspond to the procedure set forth in Rule .0201 of Chapter 20B.
(c) In the event funds are misspent and identified as misspent during the same grant year, the subrecipient may be permitted to conduct (without federal funds) additional eligible employment and training activities during that same grant year to offset the disallowed costs. The Division shall not be required to provide this opportunity, and it may only be available after the grant year with permission of USDOL. This alternative of in‑kind services recoupment of disallowed costs is made available for the purpose of maximizing the activities available to eligible participants in the service delivery areas and to encourage in‑house monitoring during a grant year.
(d) In the event that USDOL will revoke funds to the state under the emergency provisions of Section 164(f) of the JTPA and in the event that the activities of one or more subrecipients has caused the funding to be jeopardized, the Governor may immediately suspend or terminate funding to those subrecipients in order to preserve funding to the remaining subrecipients; provided that in such an event an opportunity for a hearing must be provided within 30 days.
(e) All subrecipients shall be responsible for funds received through the Division. The subgrantees and the Division's contractors shall be liable for the disallowed expenditure of any funds received from the Division or for liabilities arising in connection with the operation of the funded activities. The Division may recoup the amount of disallowed expenditures and, if interest is charged by USDOL against the state or if the unauthorized expenditure was willful, may recover appropriate interest from the subgrantee or division contractor. The Division may also go directly against any subrecipient receiving funds, whether or not that subrecipient had received funds directly from the Division, but the Division shall not be required to proceed against those subrecipients.
(f) Any person or entity, including participants or supplier, who makes or causes to be made a willful misrepresentation shall be liable for the costs incurred on account of or received by such person or entity as a result of having made the misrepresentation. This sanction shall be available to any subrecipient who is injured by the misrepresentation, but this sanction shall not require a subrecipient or the Division to endeavor to enforce this liability. This sanction may be enforced through the administrative process as to all parties who receive JTPA funds, who thereby consent to resolution of disputes through this administrative process.
(g) The remedies under this Chapter 20 shall not be construed to be exclusive remedies. The Division shall have all common law remedies available to it with regard to its subrecipients and shall have all remedies provided in executed agreements with subrecipients.
History Note: Authority G.S. 143B‑430(b); 150B; Articles 3 and 4; Ex. O. 93, June 8, 1983; JTPA S 164; 20 C.F.R. 629.44;
Eff. October 1, 1984;
Amended Eff. August 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019.