Chapter 5101:9-31 Workforce Investment Act (WIA) Allocations
The following definitions are applicable to this rule:
(1) "Local area" means the Ohio department of job and family services (ODJFS) subrecipient responsible for administering workforce investment activities as designated by the governor.
(2) "Recipient" means the Ohio department of job and family services (ODJFS).
(3) "Subrecipient" means local area to which a subgrant agreement is awarded and which is accountable for the use of the funds provided.
(4) "Agreement" means contract, subgrant agreement, memorandum of understanding (MOU), and/or interagency agreement.
(5) "Financial assistance" means all cash, reimbursements, allocations of funds, and cash draws provided by ODJFS to a local area. All requirements related to financial assistance shall also apply to public money used by the county to match state or federal funds.
(6) "Chief local elected officials," when used in reference to a local area, means the chief elected executive officer of a unit of general local government in a local area; and in a case in which a local area includes more than one unit of general local government, the individuals designated under the agreement that specifies the respective roles of the individual chief elected officials.
(7) "Fiscal agent" means an entity under the direction of the local workforce investment/development board that receives and manages all workforce investment funding as detailed in rule 5101:9-7-05 of the Administrative Code.
(B) The subrecipient shall enter into a subgrant agreement with ODJFS before receiving workforce investment funds. The subrecipient may only expend workforce investment funds on activities and in a manner consistent with the approved workforce investment local plan and subgrant agreement. The subrecipient shall ensure all workforce investment funds included in the subgrant agreement are used in accordance with the following:
(1) All U.S. department of labor (DOL) workforce investment provisions and all federal regulations, including 20 C.F.R. 652 as promulgated by DOL and any amendments thereto;
(2) The administrative requirements and procedures established under 29 C.F.R. 97 and 2 C.F.R. 200, as they relate to the application, acceptance, audit, and use of federal funds, except where such administrative requirements and procedures have been superseded or augmented by workforce investment legislation, state law, local regulations and laws, or other federal law;
(3) State and federal laws and regulations, including any applicable executive orders;
(4) The state plan for receipt of federal financial participation;
(5) The terms and conditions of the grant award; and
(6) Applicable grant agreements between ODJFS and federal agencies.
(C) The subrecipient shall make available for examination all records with respect to matters covered by this rule during normal business hours and as often as ODJFS may deem necessary. As the recipient of the federal grant and in accordance with state and federal regulations, ODJFS has the authority to:
(1) Examine all records of the subrecipient. Should records not meet the standards established by the generally accepted accounting practices, ODJFS reserves the right to withhold any or all of its funding to the subrecipient until such time as they do meet these standards;
(2) Examine all forms and documents used, including, but not limited to, purchase orders, supply requisitions, invoices, journal vouchers, travel vouchers, payroll checks, and other checks used by the subrecipient;
(3) Require the subrecipient to use any or all of ODJFS' accounting or administrative procedures used in the planning, controlling, monitoring, procurement, and reporting of all fiscal matters;
(4) Dispatch auditors of its choosing to any site where any phase of the program is being conducted, controlled, or advanced in any way, tangible or intangible. Such sites may include the home office, any branch office or other locations of the subrecipient and its subrecipients, if such sites or the activities performed thereon have any relationship to the workforce investment program. The subrecipient's agreements with lower-tier subrecipients must allow for the same level of access by ODJFS and its auditors as described in this paragraph;
(5) Conduct physical inspections and require such physical safeguarding devices as locks, alarms, safes, fire extinguishers, etc., to safeguard property and/or equipment; and
(6) Attend any and all of the subrecipient's staff meetings, board of directors meetings, advisory committee meetings, and advisory board meetings if an item to be discussed relates to the operation of the local area.
(D) In the event that the federal government, directly or through its agencies, requires ODJFS to repay funds because of misfeasance, malfeasance, or nonfeasance by the subrecipient, the subrecipient shall be liable for any such funds that the federal government has ordered repaid. Disputes between ODJFS and the subrecipient shall be resolved according to section 5101.24 of the Revised Code. The subrecipient is the responsible entity or responsible county grantee for purposes of applying section 5101.24 of the Revised Code.
(E) The subrecipient shall be responsible for all workforce investment funds received including all associated actions.
(1) The subrecipient shall ensure that every officer, director, agent or employee authorized to act on behalf of the subrecipient in receiving or depositing funds into program accounts, or in issuing financial documents, checks, or other instruments of payment for payment of program costs shall be bonded so as to provide adequate protection against loss.
(2) The subrecipient shall ensure prompt payment relating to employment including, but not limited to, unemployment compensation contributions or reimbursements, insurance premiums, workers' compensation premiums, all income tax deductions, social security deductions, public employment retirement system contributions, and any and all other employer taxes and payroll deductions required by law or contract for all employees, trainees, work experience participants, and anyone receiving monetary benefits as a result of participation in workforce investment programs.
(3) The subrecipient shall establish such management and fiscal controls and reports as are necessary to maintain effective controls and safeguards to prevent abuses or misuse of funds and be in compliance with the subrecipient monitoring rule, rule 5101:9-1-88 of the Administrative Code, and prevent any misuse of funds by any entity with whom it subcontracts. All provider subcontracts entered into by the subrecipient are subject to review and shall be made available upon request by the recipient.
(4) The subrecipient shall appoint a fiscal agent that receives and manages all workforce investment funding. On behalf of the subrecipient the fiscal agent shall:
(a) Establish and maintain separate accounting records for the management of the workforce investment funds in accordance with the rules of funding for workforce investment activities;
(b) Utilize the county finance information system (CFIS) as a unified financial reporting system as set forth in 20 C.F.R. 667.300(b) ;
(c) Utilize the random moment sample (RMS) system for reporting staff and/or administrative costs as detailed in rule 5101:9-7-20 of the Administrative Code and ODJFS' U.S. department of health and human services (DHHS) cost allocation plan in compliance with 2 C.F.R. part 200. All WIA stand alone areas shall allocate their costs in accordance with rule 5101:9-31-17 of the Administrative Code; and
(F) The subrecipient shall adhere to procurement requirements for all goods and services as outlined in rule 5101:9-4-07 of the Administrative Code, unless the local area requirements are more restrictive.
(G) Subrecipients shall not purchase personal property or equipment for administrative and/or programmatic purposes with federal funds without written approval from ODJFS if the purchase exceeds five thousand dollars. Purchase of real property or new construction is prohibited. The subrecipient shall not loan any workforce investment funds.
(H) The subrecipient may be reimbursed for necessary and reasonable indirect costs if:
(1) The local area is included in a county-wide central cost allocation plan developed and maintained by the board of county commissioners (BOCC).
(2) In the case of all other local areas, the subrecipient has obtained prior approval of an indirect cost allocation plan from a federal agency from which the subrecipient is receiving funds and that has been assigned responsibility by the U.S. office of management and budget (OMB) for approving the subrecipient's indirect cost proposal. The subrecipients without a federal cognizant agency must receive approval of an indirect cost allocation plan from ODJFS before charging indirect costs.
(I) The subrecipient in administering its local area, shall comply with the standards of conduct for maintaining the integrity of the project and avoiding any conflict of interest in its administration including, but not limited to, federal workforce investment regulations and Ohio ethics law.
(1) Every reasonable course of action will be taken by the subrecipient in order to maintain the integrity of all expenditures of public funds and to avoid any favoritism or questionable or improper conduct.
(2) The local area will be administered in an impartial manner, free from personal, financial, or political gain. The subrecipient, its executive staff and employees, in administering any and all subgrants, will avoid situations that give rise to a suggestion that any decision was influenced by prejudice, bias, special interest, or personal gain.
(J) The subrecipient shall retain all records in accordance with rule 5101:9-9-21 of the Administrative Code pertaining to this program for at least a period of three years or longer as required by local, state, and federal laws.
(A) The Ohio department of job and family services (ODJFS) issues the department of labor (DOL) Workforce Investment Act (WIA) of 1998 formulary allocations to local areas to assist in the delivery of allowable workforce development activities related to youth, adults, and dislocated workers.
(B) These allocations are composed of one hundred per cent federal funds.
(C) ODJFS authorizes funds for expenditure to local areas on a WIA program year (PY) and/or a federal fiscal year (FFY) basis. PY funds are available July first through June thirtieth. FFY funds are available October first through September thirtieth.
(1) Youth funds are available on a PY basis.
(2) Adult and dislocated worker funds are available on a PY and FFY basis.
(3) PY funds are available for the original year of appropriation, plus one succeeding year. FFY funds are available for nine months following their October issuance, plus one additional program year.
ODJFS uses the following formulas, as described in WIA sections 128 and 133, to allocate formulary funding for local areas. Statistics used to calculate funding are provided by the office of workforce development (OWD) as described in the state plan approved by the United States department of labor (DOL).
(1) Youth funding stream:
(a) ODJFS allocates one-third of the funds based on the relative number of unemployed individuals in areas of substantial unemployment in each local area compared to the total number of unemployed individuals in areas of substantial unemployment in the state.
(b) ODJFS allocates one-third of the funds based on the relative excess number of unemployed individuals in each local area compared to the total excess number of unemployed individuals in the state.
(c) ODJFS allocates one-third of the funds based on the relative number of disadvantaged youth in each local area compared to the total number of disadvantaged youth in the state.
(d) The catalog of federal domestic assistance (CFDA) number for this funding stream is 17.259.
(2) Adult funding stream:
(a) ODJFS allocates one-third of the funds based on the relative number of unemployed individuals in areas of substantial unemployment in each local area, compared to the total number of unemployed individuals in areas of substantial unemployment in the state.
(b) ODJFS allocates one-third of the funds based on the relative excess number of unemployed individuals in each local area compared to the total excess number of unemployed individuals in the state.
(c) ODJFS allocates one-third of the funds based on the relative number of disadvantaged adults in each local area compared to the total number of disadvantaged adults in the state.
(d) The CFDA number for this funding stream is 17.258.
(3) Dislocated worker funding stream:
(a) ODJFS may reserve up to twenty-five per cent of the funds available in the state's dislocated worker funding stream for statewide rapid response activities as described in 20 C.F.R. 665.310 through 665.330.
(b) ODJFS allocates the remaining funds based on a formula prescribed by the governor as designated in the state plan.
(c) The CFDA number for this funding stream is 17.278.
(4) Hold harmless provision for adult and youth funding streams.
(a) For the first two FFYs after the date on which a local area is designated under WIA section 116, ODJFS may elect to apply the "hold harmless" provision which states that the local area will not receive an allocation amount for a FFY that is less than ninety per cent of the average allocation of the local area for the two preceding FFYs.
(b) Effective at the end of the second full fiscal year after the date on which a local area is designated under WIA section 116, ODJFS must apply the hold harmless provision which states that the local area must not receive an allocation amount for a FFY that is less than ninety per cent of the average allocation percentage of the local area for the two preceding FFYs.
(c) ODJFS will calculate the amounts necessary for increasing allocations to local areas in accordance with the hold harmless provision by proportionately reducing the allocations made to other local areas.
(d) If the amount of WIA funds appropriated in a fiscal year are not sufficient to provide the amount specified in paragraph (D)(1)(b) of this rule to all local areas, ODJFS will ratably reduce the amounts allocated to each local area.
(5) Should DOL issue a rescission of funds, ODJFS will determine the level of adjustments needed to comply with the rescission.
(6) Local areas must maintain each funding stream separately.
(7) All funding is subject to OWD program policy regarding expenditure rates and recapture of unused funds.
(E) Allowable expenditures.
Allowable expenditures must comply with all requirements of the state and local area subgrant agreement, incorporated assurances, certifications, and 29 C.F.R. part 97. Allowable expenditures for these allocations include:
(1) Core services - eligibility determination, outreach, intake, worker profiling, orientation to information and services available, initial assessments, job search and placement assistance, career counseling, provision of employment statistics, labor market information, performance measure information, other information for employment and training purposes, assistance with establishing eligibility for welfare to work, social security, and follow-up services.
(2) Intensive services - comprehensive and specialized assessments, out-of-area job search, job search assistance, and literacy activities related to basic workforce readiness, relocation assistance, internships, and work experience.
(3) Training services - occupational skills training, on-the-job training, programs that include cooperative education, training programs operated by private sector/industry, skill upgrading and retraining, entrepreneurial training, job readiness training, adult education and literacy activities provided in combination with these services, and customized training conducted with the commitment by an employer to hire upon successful completion in accordance with the language contained within the OWD program policy.
(4) Youth services - tutoring, study skills training, instruction leading to secondary school completion, drop-out prevention and attrition, alternative secondary school services, summer employment opportunities, supportive services, adult mentoring, up to twelve months follow-up services, and counseling. A local area is required to use at least thirty percent of their youth funding to provide activities for out-of-school youth.
(5) Incumbent worker training services, as defined by the WIA, policy, guidance, or directive.
(6) Supportive services including needs related payments as defined in WIA sections 134(e)(2) and (3).
(F) Allocated funds may not be used on construction or purchase of facilities, buildings, or foreign travel.
(G) Transfer authority.
(1) Under WIA section 133, a local area may transfer, if approved by the governor, a per cent of allocated funding between adult employment and training activities and dislocated worker employment and training activities. ODJFS may request a waiver to increase the allowable transfer percentage between the adult and dislocated worker funding streams. The percentage allowable may vary each fiscal year depending on DOL waiver approval.
(2) Local areas electing to use a percentage of the WIA adult grant for dislocated worker activities or a percentage of the dislocated worker grant for adult activities shall use the coding established in CFIS by ODJFS for this purpose.
A local area may use up to ten per cent of the allocation amounts for the administrative cost of carrying out the above WIA activities. These funds may be used for administrative costs as described in rule 5101:9-31-06 of the Administrative Code.
(I) Statewide activities.
(1) The governor may also set aside a portion of the funds from each funding stream as defined in federal legislation for statewide activities, including five per cent for administrative activities. These funds may be combined and spent on statewide employment and training activities for adults and dislocated workers, and statewide youth activities as described in 20 C.F.R. 665.200 and 665.210.
(2) ODJFS may periodically allocate statewide funding for special projects.
(3) Statewide funds are available for expenditure during the current PY and the two succeeding PYs.
(J) The local area shall maintain documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services (OFMS) and the Ohio auditor of state (AOS).
Rescinded eff 12-15-06
(A) For a county department of job and family services (CDJFS) providing WIA activities, all WIA shared costs are allocated to WIA program allocations via the county's financial reporting system. Under the WIA program, some of these costs may be eligible to be claimed against the WIA administration allocations. If a CDJFS has determined that a portion of the WIA shared costs should be allocated to WIA administration, an adjustment must be made.
(B) Adjustments are made after the final random moment sample (RMS) percentages are submitted and financials have been completed. The CDJFS shall make an adjustment in the WIA data subset only after the public assistance data subset transfer to the WIA data subset has occurred at the local level transferring costs from the adult, dislocated worker, and youth WIA program to the WIA administration based on the federal definition of administration for the WIA program as found in 20 C.F.R. 667.220.
(C) The following WIA Title I functions and activities constitute eligible costs of administration subject to the administrative cost limit:
(1) The costs of administration are that allocable portion of necessary and reasonable allowable costs of state and local workforce investment boards, direct recipients, including state grant recipients under subtitle B of Title I and recipients of awards under subtitle D of Title I, as well as local grant recipients, local grant subrecipients, local fiscal agents, and one-stop operators that are associated with those specific functions identified in paragraph (C)(2) of this rule and that are not related to the direct provision of workforce investment services, including services to participants and employers.
(2) The costs of administration are the costs associated with the following:
(a) Performing the following overall general administrative functions and coordination of those functions under WIA Title I:
(i) Accounting, budgeting, financial and cash management functions;
(ii) Procurement and purchasing functions;
(iii) Property management functions;
(iv) Personnel management functions;
(v) Payroll functions;
(vi) Coordinating the resolution of findings arising from audits, reviews, investigations and incident reports;
(vii) Audit functions;
(viii) General legal services functions;
(ix) Developing systems and procedures, including information systems, required for these administrative functions; and
(b) Performing oversight and monitoring responsibilities related to WIA administrative functions;
(c) Costs of goods and services required for administrative functions of the program, including goods and services such as rental or purchase of equipment, utilities, office supplies, postage, and rental and maintenance of office space;
(d) Travel costs incurred for official business in carrying out administrative activities or the overall management of the WIA system;
(e) Costs of information systems related to administrative functions (for example, personnel, procurement, purchasing, property management, accounting and payroll systems) including the purchase, systems development and operating costs of such systems; and
(f) Awards to subrecipients or vendors that are solely for the performance of administrative functions.
(3) The associated costs listed in this paragraph are allocated as follows:
(a) Personnel and related non-personnel costs of staff who perform both administrative functions specified in paragraph (C)(2) of this rule and programmatic services or activities must be allocated as administrative or program costs to the benefiting cost objectives/categories based on documented distributions of actual time worked or other equitable cost allocation methods.
(b) Specific costs charged to an overhead or indirect cost pool that can be identified directly as a program cost are to be charged as a program cost. Documentation of such charges must be maintained.
(c) Except as provided in paragraph (C)(3)(a) of this rule, all costs incurred for functions and activities of subrecipients and vendors are program costs. A CDJFS that has entered into a formal competitively procured agreement to provide WIA services to a local area shall report all costs as program costs.
(d) Costs of information systems listed in this paragraph, including the purchase, systems development, and operating (e.g., data entry) costs, are charged to the program category:
(i) Tracking or monitoring of participant and performance information;
(ii) Employment statistics information, including job listing information, job skills information, and demand occupation information;
(iii) Performance and program cost information on eligible providers of training services, youth activities, and appropriate activities;
(iv) Local area performance information; and
(v) Information relating to supportive services and unemployment insurance claims for program participants.
(e) Continuous improvement activities are charged to administration or program category based on the purpose or nature of the activity to be improved. Documentation of such charges must be maintained.
(D) Based on the definition of administration for the WIA as found in paragraph (C) of this rule, appropriate administration costs will be calculated using form JFS 01869 "WIA Administration Cost Allocation" (rev. 10/2004). This form and all supporting documentation is maintained at the local level agency when an adjustment transferring costs from program to administration is made by the local area at the end of each applicable quarter of the SFY. Local areas shall use direct program and classification codes and report the adjusted entry on the JFS 01992 "Workforce Investment Act (WIA) Quarterly Financial Statement" in accordance with rule 5101:9-7-29 of the Administrative Code.
(E) The WIA local area shall retain documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services and the Ohio auditor of state.
(A) "Local area" means the subrecipient as designated by the governor responsible for administering workforce investment activities as defined by department of labor (DOL) federal regulations. For the purposes of this rule, "stand alone local areas" are defined as local workforce development agencies (WDA) that receive only DOL funding from ODJFS to administer workforce development services. This rule provides guidelines to assist WIA stand alone areas in the tracking of time spent on all direct workforce development services and activities for the purpose of appropriately allocating costs to the benefiting programs.
Combined WDAs allocate staff costs in accordance with rule 5101:9-7-20 of the Administrative Code.
(B) Local areas performing solely workforce investment administrative functions
If a stand alone local area's operations are limited to the performance or coordination of functions classified as general administrative functions as listed in this paragraph, the stand alone area shall report all costs associated with the stand alone area as direct charges to workforce investment administration.
(1) These functions include the following:
(a) Accounting, budgeting, financial and cash management functions.
(b) Procurement and purchasing functions.
(c) Property management functions.
(d) Personnel management functions.
(e) Payroll functions.
(f) Coordinating the resolution of findings arising from audits, reviews, investigations and incident reports.
(g) Audit functions.
(h) General legal services functions.
(i) Developing systems and procedures, including information systems, required for these administrative functions.
(j) Performing oversight and monitoring responsibilities related to workforce investment administrative functions.
(2) Staff shall complete a certification documenting that they work solely on workforce investment administration functions.
(a) Certifications shall be completed every six months, in January and July.
(b) Certifications shall be signed by the employee or a supervisor having firsthand knowledge of the work performed by the employee.
(c) The stand alone area shall maintain the certifications at the local level.
(C) Local areas performing both workforce investment administrative and program functions
A stand alone local area that performs any functions not covered in paragraph (B) of this rule may develop a cost allocation plan, such as the ones outlined in paragraphs (D) and (E) of this rule, and in accordance with 2 C.F.R. 200, or may track time spent on all activities (including administration) using random moment sampling (RMS). If a stand alone local area chooses to use RMS, the executive director and all staff in that local area shall participate in RMS. This requirement is an exception to rule 5101:9-7-20 of the Administrative Code, which states administrative positions are generally excluded from the time study.
(1) Stand alone local areas allocating costs by RMS shall track time spent on all activities using the workforce random moment sample (WFRMS). The WFRMS is designed to identify activities directly related to program functions benefiting one or more workforce investment programs (e.g., adult, youth, dislocated worker) or the administration of those programs. This information will not be reported to ODJFS but will be used to allocate costs for the stand alone area and documentation will be maintained to support those costs.
(2) Stand alone local areas shall follow the established WFRMS process for completing the time study. The stand alone local area shall use the results of the RMS to allocate their costs by completing the following steps:
(a) Enter the names of the RMS participants in the RMS roster. The system will generate the appropriate sample.
(c) The stand alone local areas will enter results in the RMS system.
(d) Stand alone local areas are not required to report this information to ODJFS.
(3) Stand alone local areas shall use the RMS statistics produced by the RMS system to allocate the costs incurred by the stand alone area.
(D) Exception for special grants
A stand alone local area that receives a grant for a specific program activity may exercise the option to direct charge the costs associated with that grant, including costs of a staff member who works solely on that activity. The exception shall be reserved for when a stand alone local area's usual chosen method of allocation would not appropriately allocate costs (or distribute expenditures) in accordance with relative benefits received.
(1) Cost associated with that staff member shall be removed from the other costs of the local area.
(2) Staff shall complete a certification documenting that they work solely on a specific program or special grant or workforce investment administration functions associated only with a specific program or special grant.
(a) Certifications shall be completed every six months, in January and July, unless the certification can be completed through normal payroll coding and time and attendance certifications associated with normal payroll activities.
(b) Certifications shall be signed by the employee or a supervisor having firsthand knowledge of the work performed by the employee.
(c) Certifications shall be maintained for auditing purposes.
(3) Stand alone local areas may allocate the costs associated with the employee working on a special grant directly to the special grant.
(E) Activity report exception
A stand alone local area that performs more than one activity and performs those activities for long periods of time may choose to identify effort spent on multiple activities or programs by the completion of personnel activity reports.
(1) Activity reports are an actual accounting of work performed and not an estimate of work that is expected to be performed.
(a) Staff shall complete activity reports after the fact and must reflect actual activities performed.
(b) Staff shall complete the report for the total time for which they are compensated.
(c) Staff shall prepare the activity reports at least monthly, to coincide with a pay period.
(d) Staff completing the activity report shall sign the completed activity report.
(2) Stand alone local areas shall use the results of the completed activity reports to allocate the costs incurred by the stand alone local area.
(F) Documentation supporting the allocation of costs in a stand alone local area shall not be submitted to ODJFS but shall be maintained by the stand alone local areas for auditing purposes.
(H) Financial, programmatic, statistical, recipient records, and supporting documents shall be retained by the local area in accordance with rule 5101:9-9-21 of the Administrative Code.
(A) The Ohio department of job and family services issues the OhioMeansJobs (OMJ) center resource sharing allocation to local Workforce Investment Act (WIA) areas to support the coordination of services provided through the OMJ service delivery system. Services provided through the OMJ center delivery system are coordinated and made available through a memorandum of understanding (MOU) between the local area workforce investment board and its OMJ center partners including the Ohio department of job and family services (ODJFS).
(B) The funding for this allocation consists of federal funds. The CFDA number is 17.207.
(C) ODJFS will communicate the funding and liquidation periods for this allocation through the county finance information system (CFIS). The local WIA area must expend funds by the end of the funding period and disburse and report expenditures no later than the end of the liquidation period.
(D) ODJFS will issue an allocation to the local WIA area for the negotiated cost sharing amount as agreed upon in the MOU.
(2) The local WIA area distributes the funds to the individual delivery systems.
Rapid response is defined in the Workforce Investment Act of 1998 as an activity provided by a state, or by an entity designated by a state, with funds reserved by the state under WIA Section 134(a)(1)(A) in the case of a closure or mass layoff at a plant, facility, or enterprise, a natural or other disaster, or other events that precipitate substantial increases in the number of unemployed individuals in order to assist individuals in obtaining reemployment as soon as possible, with various services. The catalog of federal domestic assistance (CFDA) has recorded this funding under 17.278 (dislocated workers) in accordance with training and employment guidance letter (TEGL) number 10-10.
(A) The Ohio department of job and family services (ODJFS) is responsible for providing rapid response activities. A rapid response activity is a required activity carried out in local areas with funding provided by ODJFS in conjunction with the local workforce investment board (WIB), chief elected officials, and rapid response teams. ODJFS must establish methods by which to provide additional assistance to local areas that experience disasters, mass layoffs, plant closings, or other dislocation events when such events substantially increase the number of unemployed individuals.
(B) A local area or WIB shall provide rapid response activities in addition to the activities required to be provided under 20 C.F.R 665.310.
(C) Of the dislocated worker formula funds received by ODJFS, fifteen per cent are reserved for required and discretionary statewide activities as described in section 134 of WIA. Up to twenty-five per cent of the dislocated worker formula funds are reserved for rapid response activities as described in WIA section 134(a) (2)(A) and 20 C.F.R. 665.310 and 20 C.F.R. 665.320. The remaining sixty per cent of dislocated worker formula funds are distributed to the workforce investment areas through the dislocated worker allocation methodology as detailed in the ODJFS plan and approved by the governor's workforce policy board. Local workforce investment areas may apply for rapid response funds when they have experienced increased numbers of unemployed individuals due to natural disasters, plant closings, mass layoffs or other events or for provision of direct services to participants (such as intensive, training, and other services) if there are not adequate local funds available to assist the dislocated worker population.
(D) ODJFS also uses rapid response funds for discretionary allocations. ODJFS will use discretionary funds for core, intensive, and training services. Rapid response funds are expended in accordance with federal and ODJFS' policy, and the local area plan.
(F) The WIA local area should maintain documentation in accordance with the records retention requirements in rule 5101:9-9-21 of the Administrative Code. This documentation may be subject to inspection, monitoring, and audit by the ODJFS office of fiscal and monitoring services(OFMS) and the Ohio auditor of state (AOS).