Chapter 5101:9-31 Workforce Investment Act (WIA) Allocations

5101:9-31-01 General requirements for use and expenditures of workforce investment funds by local areas.

(A) Definitions.

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, 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

(d) Implement fiscal practices in accordance with rules 5101:9-7-04 , 5101:9-7- 04.1, and 5101:9-7-05 of the Administrative Code.

(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.

(3) Members of the subrecipient who are either executive agency lobbyists or who employ one must register and be in compliance with sections 121.61 to 121.69 of the Revised Code.

(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.

Replaces: 5101:9-31-01

Effective: 12/22/2014
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 7/13/2003, 7/27/2009

5101:9-31-02 Workforce Investment Act (WIA) formulary allocation methodology.

(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.

(D) Methodology.

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.

(H) Administration.

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).

Replaces: 5101:9-31-02

Effective: 07/24/2014
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 7/2/02 (Emer), 9/28/02, 4/15/07, 7/13/09, 9/15/10, 12/1/2010

5101:9-31-03 One stop services. [Rescinded].

Rescinded eff 12-15-06

5101:9-31-04 [Rescinded] Reed Act one-stop allocation.

Effective: 01/07/2010
Promulgated Under: 111.15
Statutory Authority: 6301.03
Rule Amplifies: 6301.03
Prior Effective Dates: 6/1/04, 10/1/04

5101:9-31-05 [Rescinded] Workforce development fund.

Effective: 07/03/2011
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.01 , 6301.03
Prior Effective Dates: 6/15/06

5101:9-31-06 Workforce Investment Act (WIA) administration adjustment.

(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.

Replaces: 5101:9-31-06

Effective: 07/02/2011
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 7/10/06

5101:9-31-08 [Rescinded] "WorkKeys" assessment allocation.

Effective: 01/20/2012
Promulgated Under: 111.15
Statutory Authority: 6301.03
Rule Amplifies: 6301.03
Prior Effective Dates: 5/10/07

5101:9-31-09 [Rescinded] Workforce innovation in regional economic development (WIRED).

Effective: 01/20/2012
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 10/1/07

5101:9-31-10 [Rescinded] Workforce Investment Act (WIA) mass layoff planning allocation.

Effective: 01/20/2012
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 11/1/07

5101:9-31-11 [Rescinded] Incumbent workers training allocation.

Effective: 03/04/2013
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 6301.03 , Section 101.01 of Am. Sub. S.B. 316, 129th G.A.
Prior Effective Dates: 4/25/08

5101:9-31-13 Disability program navigator initiative.

(A) In September 2002, the U.S. department of labor (DOL) and the social security administration (SSA) jointly established a new position, the disability program navigator (DPN), within one-stop centers. The DPN initiative was established to better inform beneficiaries and other persons with disabilities about the work supports available at the one-stop centers. The navigators are responsible for developing new and on-going partnerships to achieve seamless, comprehensive, and integrated access to services, creating systemic change, and expanding the workforce system's capacity to serve customers with disabilities and employers.

(B) The Ohio department of job and family services (ODJFS) will allocate funds to local workforce investment areas (LWIA) to support the implementation of the "Disability Program Navigator Initiative."

(C) On June 5, 2007, Ohio was awarded a DPN grant from the employment and training administration (ETA) in the amount of one million two hundred thousand dollars. Ohio's grant award includes funding for hiring one state lead navigator, four regional navigators, and nine local navigators to be located in designated local workforce investment areas (LWIA). Effective April 23, 2010, additional funding is available to those LWIA that continue to run this program.

(D) Nine awards will be made available to eligible LWIA to support one local DPN full-time staff person, navigator access needs, and outreach. Grant funds may not be used to make modifications to existing structures or real property. This funding source is a work incentive grant and the number assigned to this allocation by the catalog of federal domestic assistance (CFDA) is 17.266.

(E) Ohio will operate the demonstration project in full-service, comprehensive one-stop centers in nine LWIA. Seven of the LWIA will provide the navigator services in one-stop centers located in metropolitan areas and two LWIA will operate in one-stops in non-metropolitan areas.

(F) Participating one-stop centers will use funds to enhance programs, services, and activities to persons with disabilities to assist them in obtaining employment and to become economically self-sufficient.

(G) Subgrantees are responsible for submitting quarterly performance and expenditure reports. The specific requirements for reporting will be provided in future allocation letters. Unless otherwise noted in future ODJFS communications, the grant availability and liquidation periods for this award will be communicated by ODJFS through the county finance information system (CFIS.) Funds must be expended within the grant availability period and reported no later than the end of the liquidation period.

(H) The WIA 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).

Effective: 09/30/2010
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 5/1/08, 7/3/09

5101:9-31-14 Disability employment initiative.

(A) The Ohio department of job and family services (ODJFS) issues the disability employment initiative (DEI) allocation to participating local workforce investment boards (LWIB). This allocation shall be used to fund DEI efforts designed to improve the education, training and employment opportunities and outcomes of adults with disabilities who are unemployed, underemployed, and/or receiving social security benefits.

(B) ODJFS will issue funding to five LWIBs. Three LWIBs will serve as pilot areas and participate in both project and evaluation activities. Two LWIBs will serve as comparison areas and only participate in the DEI evaluation activity component in paragraph (F) of this rule.

(C) One-stop centers identified by the participating pilot LWIBs will implement DEI required activities and strategic service delivery components.

(D) This allocation consists of one hundred per cent federal funds. The catalog of federal domestic assistance (CFDA) number for this allocation is 17.258 and further describes allowable expenditures.

(E) Pilot areas

Pilot areas participating in both project and evaluation activities shall submit a project plan and budget to ODJFS office of workforce development for approval. No more than ten per cent of the allocation will be used for administrative costs. Pilot area budgets shall include detail for the expenditure categories contained in this paragraph. The project plan must describe:

(1) Project activities that include:

(a) Disability resource coordinators and other project staff required to implement project design;

(b) Registering as an employment network under the social security administration's (SSA) "ticket to work" program;

(c) Ensuring continued one-stop physical, programmatic and communication accessibility; and

(d) Deployment of strategic service delivery strategies that include:

(i) Integrated resources teams;

(ii) Integration of resources - including services, blending, braiding and leveraging funds;

(iii) Customized employment;

(iv) Asset development strategies; and

(v) Partnerships and collaboration.

(e) Other office of workforce development (OWD) approved activities.

(2) Flexible spending that includes:

(a) Procurement of software upgrades;

(b) Assistive technology;

(c) Innovative approaches to meet the unique needs of a participant; and

(d) Other OWD approved activities.

(3) Evaluation activities that include:

(a) Data collection;

(b) Site visits;

(c) Focus groups; and

(d) Conference calls and meetings.

(F) Comparison areas

This allocation will support evaluation activities that include:

(1) Data collections;

(2) Site visits;

(3) Focus groups; and

(4) Conference calls and meetings.

(G) Non-allowable expenditures for pilot and comparison areas include:

(1) Payment of a participant's wages including stipends; and

(2) Excess staff salary and bonuses. Salary and bonus limitation definitions and requirements contained in "Training and Employment Guidance Letter No. 5-06," issued by the employment and training administration advisory system of the U.S. department of labor (DOL) are applicable to this project.

(H) The funding period and liquidation period for this allocation will be communicated by ODJFS through the county finance information system (CFIS.) Funds must be expended by the end of the funding period and reported no later than the end of the liquidation period. The LWIB shall report expenditures on the JFS 01992 "Workforce Investment Act (WIA) Quarterly Financial Statement" as described in rule 5101:9-7-29 of the Administrative Code .

(I) LWIBs 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).

Effective: 03/09/2012
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03

5101:9-31-15 [Rescinded] Workforce Investment Act youth employment initiative awards.

Effective: 03/04/2013
Promulgated Under: 111.15
Statutory Authority: 5101.02
Rule Amplifies: 5101.02
Prior Effective Dates: 7/17/08

5101:9-31-17 Cost allocation requirements for workforce investment stand alone local areas.

(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.

(b) Staff participating in the RMS will complete observation forms in accordance with rule 5101:9-7-20 of the Administrative Code.

(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.

(G) Allocated expenditures shall be submitted to the county finance information system (CFIS) and shall continue to be reported as described in rule 5101:9-7-29 of the Administrative Code.

(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.

Effective: 12/22/2014
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 9/15/09

5101:9-31-18 [Rescinded] One-stop resource sharing allocation.

Effective: 10/21/2012
Promulgated Under: 111.15
Statutory Authority: 5101.02
Rule Amplifies: 5101.02 , 6301.01
Prior Effective Dates: 7/13/2003, 7/27/09

5101:9-31-19 OhioMeansJobs (OMJ) center resource sharing allocation.

(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.

(1) The local WIA area shall submit draw requests in accordance with rule 5101:9-7-04 of the Administrative Code for costs associated with the OMJ MOU.

(2) The local WIA area distributes the funds to the individual delivery systems.

(E) Local WIA areas report OMJ MOU costs as detailed in rule 5101:9-7-29 of the Administrative Code.

(F) The definitions, requirements and responsibilities contained in rule 5101:9-6-50 of the Administrative Code are applicable to this rule.

Effective: 07/21/2014
Promulgated Under: 111.15
Statutory Authority: 6301.03
Rule Amplifies: 6301.03

5101:9-31-31 Workforce Investment Act (WIA) one-stop system enhancement allocation.

(A) In accordance with section 4141.11 of the Revised Code, the Ohio department of job and family services (ODJFS) is allocating eight million dollars of state funds to implement a one-stop system enhancement program. The program will provide funding to local workforce investment areas (LWIA) to enhance physical and technological access to services for job-seeking individuals and employers, and to provide for continuous improvement efforts in service delivery.

(B) Funding for eligible local areas will be available to the LWIA fiscal agent as follows:

(1) Level one (satellite one-stop) - one-stops within each system will be granted up to seventy thousand dollars per site.

(2) Level two (full-service comprehensive one-stop) - one-stops within the system will be granted up to one hundred twenty-four thousand five hundred dollars per site.

(C) Planning for the funding shall include a system-wide approach to improvements to LWIA facilities and services. Funding is available through state fiscal year (SFY) 2011. One-third of funds shall be spent by June 30, 2010, and the remaining two-thirds of funding must be liquidated no later than June 30, 2011.

(D) LWIA may purchase three kinds of activities and services with these funds.Purchasing priority is as follows:

(1) Equipment and materials for resource rooms.

(2) Upgrading technologies.

(3) Continuous improvement efforts.

(E) LWIA shall implement priorities to ensure state-of-the-art technologies and equipment are available in all one-stop facilities and systems. Examples for each of these priorities are as follows:

(1) In accordance with the Americans with Disabilities Act (ADA) ergonomically compliant workstations such as personal computers, tables, etc., must be used in all areas and must have priority before any other requests. The first priority for equipment and materials used in resource rooms may include, but is not limited to:

(a) Tables and chairs.

(b) Supplies (for printers, computers, other equipment).

(c) Testing products (for self-service testing only).

(d) Newspaper subscriptions (for employment ads).

(e) Signage (inside the building, directing customers to the resource room).

(f) Computers (new or to replace outdated equipment).

(g) Copiers, scanners (equipped to convert printed material to electronic file), fax machines.

(2) The second priority is directed toward upgrading technologies. Computer equipment, network equipment, telecommunications equipment, and other technology resources (including assisted technology) that support employment and workforce information service delivery may include, but are not limited to:

(a) Front-end systems, integrated customer tracking systems.

(b) Video conferencing equipment.

(c) Website development/design must not duplicate existing state systems/products, webinar access, and web cams.

(3) The third priority is the expansion of continuous improvement efforts. The one-stop system certification program ("Gold Standard Program") was created to ensure a standard level of quality of services, accessibility, and operations throughout the LWIA of Ohio. Continuous improvement efforts directly linked to the "Gold Standard Program" balanced scorecard and targeted toward providers of one-stop system services may include, but are not limited to:

(a) Staff training and development (only necessary and reasonable in-state travel is allowable).

(b) Business team development.

(F) Unallowable purchases include but are not limited to the following:

(1) Food purchases.

(2) Out of state travel.

(3) Payment for trips, rewards, and incentives.

(4) Reimbursement for staff (government) time to work on outreach services/activities.

(5) Payment for duplicate state services and products.

(6) Regular staffing.

(G) LWIA shall submit applications for funding within the period of funding availability; however, all plans must be submitted for the total amount of funding for each LWIA by March 31, 2010. Steps for requesting funding include the following:

(1) LWIA submit a draft application to ODJFS office of workforce development (OWD).

(2) OWD will review the application within five working days and send comments (via email) to the local area, either pre-approving the form or requesting clarification. If necessary, the local area may be required to update the request with further information.

(3) Once OWD pre-approves the application, notification is sent to the local area to obtain signatures.

(4) LWIA submit a final application with all applicable signatures in accordance with the program policy guidelines.

(5) ODJFS OFMS sends an award letter to the LWIA.

(H) LWIA shall submit any requests for a modification or adjustment to the funding plan to OWD and OWD will follow the same process for approval. However, if the full funding has previously been allocated to the local area, a signed approval noting the modifications will be sent to the LWIA for their records.

(I) The one-stop system shall procure these purchases with these enhancement funds in accordance with federal regulations at 29 C.F.R. 97.36(c)(1) and state requirements as contained in rule 5101:9-4-07 of the Administrative Code.

(J) The WIA 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 OFMS and the auditor of state(AOS).

Effective: 02/06/2010
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03

5101:9-31-54 [Rescinded] American Recovery and Reinvestment Act (ARRA) funding for Workforce Investment Act (WIA) programs.

Effective: 08/07/2014
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 9/15/2009

5101:9-31-55 [Rescinded] Recovery conservation corps funds.

Effective: 08/07/2014
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 8/15/09

5101:9-31-59 Workforce Investment Act (WIA) hometown investment in regional economies (HIRE) allocation.

(A) The Ohio department of job and family services (ODJFS) is allocating ten per cent discretionary funds from the WIA American Recovery and Reinvestment Act (ARRA) grant to local WIA areas for project HIRE services. The catalog of federal domestic assistance (CFDA) has recorded this funding under 17.260 (dislocated workers), 17.259(youth), and 17.258(adult).

(B) The goal of project HIRE is to facilitate connections between job-seekers and employers by holding events around the state that bring together job-seekers and companies in targeted regional industries with incentives for hiring and training.

(C) Project HIRE provides an enhanced job matching program linking employers and job-seekers to training funds and tax credits. Project HIRE on-the-job training (OJT) is designed to match one-stop customers with hiring employers.

(D) Upon submission and approval of a plan, local one-stop systems will receive up to twenty-five thousand dollars for project HIRE activities beginning in September 2009.

(E) Local areas may submit requests for funding, along with a description of programs they believe qualify for funding, to the Ohio department of development (ODOD). ODOD will submit approved requests to ODJFS and ODJFS will allocate these funds to the WIA local areas. The submission deadline for project HIRE events is December 15, 2009.

(F) Allowable expenditures for project HIRE include costs approved by ODJFS on each one-stop system project HIRE plan (most likely event-related costs).

(G) Non-allowable expenditures include the following:

(1) Food.

(2) Capital expenditures.

(3) Foreign travel.

(4) Incumbent worker programs.

(H) Project HIRE is a statewide initiative. Individual eligibility determinations need not be completed for project HIRE launch events. Eligibility is defined in the office of workforce development (OWD) program policy.

(I) . All funds must be expended by October 31, 2010 and liquidated by December 31, 2010. The grant availability and liquidation periods for this allocation will be communicated by ODJFS through the county finance information system (CFIS.) Funds must be expended by grant availability period and reported no later than the end of the liquidation period. Local areas must use the JFS 01992 "Workforce Investment Act (WIA) Fund Certification Sheet" as cited in rule 5101:9-7-29 of the Administrative Code for reporting expenditures.

(J) The WIA 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).

Effective: 10/01/2010
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 11/23/09

5101:9-31-60 [Rescinded] Workforce Investment Act (WIA) Ohio learning accounts (OLA) allocation.

Effective: 08/07/2014
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 11/23/09

5101:9-31-66 Workforce Investment Act (WIA) national emergency grant (NEG) on-the-job training (OJT) allocation.

(A) The Ohio department of job and family services (ODJFS) has received a federal NEG to provide on-the-job training to dislocated workers statewide. NEG are discretionary funds issued by the department of labor (DOL) and the catalog of federal domestic assistance (CFDA) has recorded this funding under 17.260 (dislocated workers).

(B) Each local area may request funds to pay for OJT for eligible participants at approved employer worksites. Using these funds, local areas will be able to initiate OJT contracts that encourage the hiring of prolonged unemployed dislocated workers.

(C) ODJFS will approve reimbursement to employers for the costs of training dislocated workers if employers commit to hire dislocated workers. ODJFS expects OJT services to improve employment levels, improve WIA performance measures, jump-start hiring by local businesses, and improve the economy by creating job opportunities.

(D) Local areas will submit a request to the ODJFS office of workforce development (OWD) to receive OWD approval of the OJT contract. Upon approval, local areas will receive an allocation to cover the cost of each OJT contract. Funds will be allocated first-come, first-served based on the submission of OJT NEG funding requests.

(E) The grant period is June 30, 2010 through June 30, 2012 and local areas must use the JFS 01992 "Workforce Investment Act (WIA) Quarterly Financial Statement" as cited in rule 5101:9-7-29 of the Administrative Code for reporting expenditures. The liquidation date is July 30, 2012.

(F) Allowable expenditures for the OJT NEG grant include OJT training costs and costs for other OWD approved activities.

(G) Non-allowable expenditures include the following:

(1) Food;

(2) Capital expenditures; and

(3) Foreign travel .

(H) Program participation eligibility is specifically defined in the office of workforce development (OWD) program policy.

(I) 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).

Effective: 02/11/2012
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 1/3/11

5101:9-31-67 American Recovery and Reinvestment Act (ARRA) rapid response baseline funding to implement the Ohio department of job and family services' (ODJFS) rapid response model.

(A) ODJFS has allocated the ARRA rapid response baseline funding to implement the ODJFS rapid response model. This award shall provide baseline funding for workforce investment local areas' efforts to implement the state's new rapid response model and to provide rapid response services. Additional ARRA rapid response funds may be awarded based on application and need. The catalog of federal domestic assistance (CFDA) has recorded this funding under 17.260 (dislocated workers). Funding for incumbent worker training shall only be used for layoff aversion.

(B) Allocated funds provided must be expended in accordance with all applicable federal statutes, regulations, policies, and guidance, including those of the ARRA and the Workforce Investment Act of 1998. Rapid response funding is a state-wide initiative.

(C) Baseline funding shall be used to offset the costs related to:

(1) The local rapid response coordinator (RRC) and team, if applicable;

(2) The backup designee;

(3) Outreach;

(4) Costs associated with building the local area rapid response team;

(5) Data system updates; or

(6) Any other allowable rapid response program activities.

(D) Once a local area has fully implemented the rapid response model, unused funds may be applied to other rapid response activities in accordance with regulations found in 20 C.F.R. sections 665.300 , 20 C.F.R. sections 665.310 , and 20 C.F.R. sections 665.320 .

(E) Rapid response administrative and baseline funds are not intended to duplicate the local dislocated worker formula-funded program. Rapid response funds shall be used for both services and random moment sample (RMS) activities.

(F) The reporting period for these funds is July 1, 2009 through June 30, 2010 with a ninety day liquidation period and local areas must use the JFS 01992 "Workforce Investment Act (WIA) Fund Certification Sheet" (revised 4/2006) for fiscal reporting.

(G) The WIA 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).

Effective: 04/25/2010
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03

5101:9-31-68 American Recovery and Reinvestment Act (ARRA) rapid response allocation.

(A) The Ohio department of job and family services (ODJFS) is allocating unused ARRA rapid response funding. This additional funding will assist local areas' efforts in continuing the provision of rapid response activities and services. The catalog of federal domestic assistance (CFDA) has recorded this funding under 17.260 (dislocated workers).

(B) Funds issued in SFY 2011 may be applied to other rapid response activities in accordance with regulations found in 20 C.F.R. sections 665.300 , 20 C.F.R. sections 665.310 , and 20 C.F.R. sections 665.320 .

(C) The reporting period for these funds is July 1, 2010 through June 30, 2011. The liquidation date and service end date is June 30, 2011. Local areas must use the JFS 01992 "Workforce Investment Act (WIA) Fund Certification Sheet" as cited in rule 5101:9-7-29 of the Ohio Administrative Code for reporting expenditures.

(D) 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).

Effective: 01/03/2011
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03

5101:9-31-95 Veterans' employment and training services Ohio network for employment (VETS O.N.E.) award.

Public law 107-288 (Jobs for Veterans Act) establishes the requirement for performance incentive awards for quality employment training and placement services. The Ohio department of job and family services (ODJFS) is administering this annual incentive program as a way to recognize one-stops that provide outstanding services that train and prepare veterans to find suitable employment. The catalog of federal domestic assistance (CFDA) number is 17.804.

(A) ODJFS expects improvement and modernization of employment, training, and placement services for veterans. VETS O.N.E. recognizes one-stops for excellence in the provision of such services or for making demonstrable improvements in the provision of services to veterans.

(B) ODJFS will consider all one-stop systems in Ohio for the VETS O.N.E. award. ODJFS will administer incentive award packages to be distributed by the ODJFS office of workforce development (OWD).

(C) Awardees must donate the funds to a local charity selected by the winning one-stops.

(D) ODJFS will allocate the overall award amount equally to those one stops that meet the criteria as determined by the VETS O.N.E. selection panel. The panel will review the following criteria:

(1) An increase in services to veterans;

(2) Innovative approaches to servicing veterans;

(3) Expanded program integration;

(4) Increases in performance outcomes;

(5) More advocacy within the employer community;

(E) Unless otherwise noted in future ODJFS communications, the grant availability and liquidation periods for this award will be communicated by ODJFS through the county finance information system (CFIS.) Funds must be expended within the grant availability period and reported no later than the end of the liquidation period.

(F) The WIA 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).

Effective: 07/05/2010
Promulgated Under: 111.15
Statutory Authority: 5101.02
Rule Amplifies: 5101.02

5101:9-31-99 Workforce Investment Act (WIA) general rapid response allocation funding.

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.

(E) Local areas must use the JFS 01992 "Workforce Investment Act (WIA) Fund Certification Sheet" as cited in rule 5101:9-7-29 of the Administrative Code for reporting expenditures.

(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).

Effective: 12/01/2010
Promulgated Under: 111.15
Statutory Authority: 5101.02 , 6301.03
Rule Amplifies: 5101.02 , 6301.03
Prior Effective Dates: 7/1/10