The Workforce Investment Act and H.B. 470 require the State to compile and disseminate a statewide list of on-the-job (OJT) and customized training providers (CTP). The State list must be made available to all customers throughout the one-stop system.

A One-Stop Operator in conjunction with the Local/Policy Board must collect performance information from the OJT and customized training providers, determine whether the training providers meet the performance criteria, determine if the training providers are eligible and disseminate information about the eligible providers throughout the one-stop system. Information on the eligible training providers must be submitted to the state so that the eligible training providers can be included on the State list. The State will disseminate this information throughout the one-stop system.

This appeal process will address the procedure for OJT and customized training providers selected through the awarding of contracts at the local level. Training providers who are dissatisfied with the decision regarding the awarding of contracts have the right to appeal.

A two-tier appeal process will be used. The training provider must initially file a written appeal with the One-Stop Operator with a copy to the Local/Policy Board. Training providers who are dissatisfied with the One-Stop and Local/Policy Board decision may file a written appeal with the State.

The One-Stop Operator, the Local/Policy Boards and the State will use several distinct categories of appeal.

• Appeal of incomplete application;

• Appeal of application definitions;

• Appeal of noncompliance; and

• Appeal of inaccurate information.

Reasons for denying or terminating a contract include:

• Failure to provide the necessary information or improperly filing;

• Failure to adhere to process and reporting requirements;

• Failure to meet performance levels annually;

• Failure to provide verifiable accurate information;

• Failure to apply for continuation;

• Fraud;

• The training provider requests to terminate contract;

• If it is determined that a training provider was not in good standing under a previous name; and/ or

• If it is determined that the training provider intentionally supplied inaccurate information.

The One-Stop Operator and Local/Policy Board has the authority to deny a training provider’s contract for funding based on the procedures established in this policy and in accordance with the criteria established by the Governor’s Workforce Policy Board for the purposes of determining eligibility of training providers.

If an contract for funding is not approved the training provider has a right to appeal. The appeal process begins at the local level. If a satisfactory decision is not made locally a service provider may also appeal to the state level. All One-Stop Operators in conjunction with the Local/Policy Boards must establish a written appeal process that must be provided to all training providers at the time of the request for services.

At a minimum the local appeal process must include the following:

• basis for denying or terminating contract;

• time frame for submitting an appeal. The time frame cannot exceed 30 working days (this time frame includes final resolution)

• information on where to send the appeal. All appeals must be in writing and signed by the training provider;

• information on how to withdraw appeals;

• the inclusion of an informal meeting (to expedite the process it is suggested that One-Stop Operator and the Local Boards include an informal meeting prior to a formal hearing with the training provider to resolve any issues and include this meeting as part of their appeal process); and

• formal hearing

The One-Stop Operator and the Local/Policy Boards must appoint an impartial hearing official to handle the administrative details associated with appeals. The hearing officer is responsible for providing written notice to the training provider, the One-Stop Operator and the Local/Policy Board regarding all details of the appeal including the final decision.

Training providers have the right to appeal a One-Stop Operator and Local/Policy Board’s final decision to the State.

Appeal to the State

Training providers may appeal to the State if their request for contract is denied or terminated by the One-Stop Operator and the Local/Policy Board and the provider is dissatisfied with the local decision made regarding the local level appeal.

Training providers must follow the appeal process established by the One-Stop Operators and the Local/Policy Boards for the local area before appealing to the State. If training providers do not follow local procedures the State will deny all applications for appeals submitted directly to the State and return them to the appropriate One-Stop Operator and Local/Policy Board for action.

In all circumstances where an appeals are filed with the State these steps will apply. Training providers must submit written appeal to the State within 15 days working days from their receipt of a final decision from the One-Stop Operator and the Local/Policy Board or from the State. The appeal must be signed by the training provider. The appeal must include the reasons or basis for the appeal, the remedy sought, a copy of the One- Stop Operator and the Local/Policy Boards final decision.

The State will issue a final decision no later than 30 working days from receipt of the appeal filed by the training provider. The State will appoint a hearing officer who will be responsible for notifying the appellant and the One-Stop Operator and the Local/Policy Board in writing regarding the date of hearing and of appeal status including the final disposition.

The hearing officer will review the appellant’s letter of appeal and supporting documentation. If the training provider fails to meet any of the time limits set in this policy or fails to follow the policy established by the One-Stop Operator, the Local/Policy Board or the State, that failure will constitute a forfeiture of the procedural rights to appeal to the State. The State will notify the appropriate One-Stop Operator and Local/Policy Board when it receives an appeal.

If an appeal is filed at the State based on the One-Stop Operator and the Local /Policy Boards decision and the State determines that the Local/Policy Board did not follow its own process the State will immediately notify the One-Stop Operator and the Local/Policy Board via fax, e-mail or phone call prior to issuing a written decision to the training provider.

Training providers have the option of withdrawing appeals at anytime. It should be noted that all decisions issued by the State are final and cannot be appealed to the U.S. Department of Labor.

Appeals should be submitted to:

Ohio Department of Job and Family Services
POWER*Ohio Division
145 South Front Street
P.O. Box 1618
Columbus, Ohio 43216-1618