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Comment#6—Who would be the party responsible for (1) suspending the provider that is <br /> under federal, state, or local investigation; (2) notifying the provider of the suspension? If the <br /> provider protests, stating they were not afforded due process conduct, who will be responsible <br /> for handling any possible legal process as a result of this suspension. <br /> Resolution—Removing the provider would be the responsibility of both the Local Board and <br /> the state. If either found that a training provider is currently under investigation, then the <br /> provider would be immediately suspended by either the state or the Local Board, and the <br /> Local Board would inform the provider of the suspension. The provider would then undergo <br /> the appeals process if it so chooses, starting with the Local Board. <br /> Comment#7—What if the training provider disagrees with the Local Board's initial eligibility <br /> assessment? <br /> Resolution—The Local Board must provide the training provider with information regarding <br /> the appeals process. <br /> Comment#8—Are initial/informal meetings required as part of the appeals process if both <br /> parties waive it based on written confirmation? <br /> Resolution -All Local Boards must include an option for an informal meeting in their appeals <br /> policy. However, both parties can agree to waive this requirement, and documentation should <br /> be uploaded into the Provider Profile. This also needs to be included in the local policy. <br /> Comment#9—Are formal hearings required if both parties waive it? Can impartial hearing <br /> officers be employed at the Local Board or does it need to be from an outside agency? Can the <br /> hearing officer be a compliance analyst not working directly with ETPL? <br /> Resolution—Local Boards must include the option of a formal hearing in their appeals policy. <br /> However, both parties can agree to waive this requirement, and documentation should be <br /> uploaded into the Provider Profile. Guidance on the appeals process, including impartial <br /> hearing officers, needs to be included in the local policy. <br /> Comment#10—Can a Local Board rule to approve a provider on appeal, if the EDD originally <br /> rejected it? <br /> Resolution —Yes, but the provider/program has to go through final EDD approval before being <br /> reinstated to the ETPL. <br /> Apprenticeships <br /> Comment#11—It appears that a number of requirements are inapplicable to apprenticeship <br /> programs, including the WIOA Section 188 requirement. Is this correct? <br /> Resolution—Both Department of Labor (DOL) and Department of Industrial Relations (DIR), <br /> Division of Apprenticeship Standards (DAS) ensure that apprenticeships meet Equal <br /> Employment Opportunity (EEO) standards per 29 CFR 30.3, therefore the Local Board cannot <br /> impose additional EEO requirements onto the apprenticeship program. <br /> Page3of25 <br />