N.Y. Labor Law § 839: Substate plans

§ 839. Substate plans. 1. Substate grantees are required to submit a

substate plan for review and comment to the local elected officials and

the private industry council and to the governor for approval. Upon

approval of the plan, grantees shall implement all procedures described

pursuant to the requirements of this section.

2. The substate plan shall include statements describing:

(a) basic readjustment, retraining and supportive services and the

method for providing such services;

(b) outreach and intake procedures and the method used to verify

program participant eligibility;

(c) means for coordinating services with the unemployment compensation

system;

(d) means for involving labor organizations representing individuals

affected by dislocation within the substate area in the development and

implementation of services;

(e) performance goals;

(f) procedures for selecting service providers consistent with section

one hundred seven of the federal Job Training Partnership Act (P.L.

97-300);

(g) procedures for responding expeditiously to worker dislocation

where the rapid response assistance required by section eight hundred

forty of this article is inappropriate, of which methods may include but

are not limited to:

(i) development and delivery of widespread outreach mechanisms;

(ii) provision of financial evaluation and counseling (where

appropriate) to assist in determining eligibility for services and the

type of services needed;

(iii) initial assessment and referral for further basic readjustment

and retraining services; and

(iv) establishment of centers within each substate area for the

purpose of providing such outreach, assessment and early readjustment

assistance.

(h) the involvement of the governor, local elected officials and

private industry council in the activities of the substate grantee;

(i) the training services to be provided including:

(i) assessment of participants' skill levels and occupational

abilities;

(ii) assessment of participants' needs including educational,

training, employment and supportive services;

(iii) methods for allocating resources to provide the services

recommended by rapid response teams; and

(iv) a description of services and activities to be provided in the

substate area;

(j) the means to achieve coordination with other appropriate programs,

services and systems for the purpose of avoiding duplicating services

available through existing services;

(k) a detailed budget; and

(l) an evaluation design consistent with criteria set forth in

regulations by the commissioner.

3. The governor shall approve the plan submitted by a substate

grantee, or the modification thereof, unless he finds that:

(a) corrective measures for deficiencies found in audits or in meeting

performance standards from previous years have not been taken or are not

acceptably underway;

(b) the entity proposed to administer the program does not have the

capacity to administer the funds;

(c) there are inadequate safeguards for the protection of funds

received;

(d) the plan or modification does not comply with a particular

provision of the federal job training partnership act (P.L. 97-300) or

of regulations of the United States secretary of labor; or

(e) the plan or modification does not comply with the requirements of

this article.

4. The governor shall approve or disapprove a plan submitted by a

substate grantee or modification thereof within thirty days after the

date that the plan or modification is submitted, except that if a

petition is filed under subdivision five of this section, such period

shall be extended to forty-five days. Any disapproval by the governor

may be appealed to the United States secretary of labor.

5. Interested parties may petition the governor within fifteen days of

the date of submission for disapproval of the plan or modification

thereof if:

(a) the party can demonstrate that it represents a substantial client

interest;

(b) the party took appropriate steps to present its views and seek

resolution of disputed issues prior to submission of the plan to the

governor; and

(c) the request for disapproval is based on a violation of statutory

requirements.

6. If a substate grantee fails to submit a plan, or submits a plan

that is not approved by the governor, the governor may direct the

expenditure of funds allocated to the substate area until such time as a

plan is submitted and approved or a new substate grantee is designated

under this article.

7. If a substate grantee fails to expend funds allocated to it in

accordance with its plan, the governor may, subject to appropriate

notice and opportunity for comment in the manner required for approval

of the substate plan, direct the expenditure of funds in accordance with

the substate plan until the substate grantee corrects the failure, the

substate grantee submits an acceptable modification to its plan, or a

new substate grantee is designated in accordance with the provisions of

paragraph (a) of subdivision one of section eight hundred thirty-eight

of this article.