Lawriter - OAC - 5101:9-5-01 Workforce Innovation and Opportunity Act (WIOA) fiscal agent responsibilities for the comprehensive case management employment program (CCMEP).

5101:9-5-01 Workforce Innovation and Opportunity Act (WIOA) fiscal agent responsibilities for the comprehensive case management employment program (CCMEP).

(A) Section 305.190 of Amended Substitute HB 64 of the 131st General Assembly established the comprehensive case management employment program (CCMEP) as a collaborative Title IV-A program and workforce development activity designed to improve employment and education outcomes for low-income youth and young adults by assisting participants in overcoming barriers to employment and developing employment skills. This will be accomplished by integrating components of the Ohio works first (OWF) and the Workforce Innovation and Opportunity Act (WIOA) youth program to create a better-coordinated, person centered case management system.

(B) Paragraph (F)(1) of Section 305.190 of Amended Substitute HB 64 of the 131st General Assembly requires the board of commissioners in each county to designate a lead agency, either the county department of job and family services (CDJFS) or workforce development agency (WDA) that serves the county, to administer CCMEP. The board of county commissioners will designate the CDJFS as the lead agency when combined with the WDA. State law sets forth the requirement that the CCMEP lead agency is responsible for the proper management of program funds. CCMEP requires collaboration with other local participating agencies, the WIOA local workforce development board (LWDB) and the fiscal agent. State law does not supersede any federally mandated law, rules or duties and responsibilities.

(C) The WIOA fiscal agent shall follow regulations regarding local fiscal agent responsibilities as set forth in 20 C.F.R. part 679.420 and rule 5101:9-7-05 of the Administrative Code. The Ohio department of job and family services (ODJFS) will continue existing sub-grant agreements with each WIOA fiscal agent to receive all CCMEP WIOA youth funds within its workforce area. If the lead agency within a county is a WDA, these agreements may be amended to include CCMEP temporary assistance for needy families (TANF) regular and CCMEP TANF administration funding.

(D) CCMEP responsibilities.

The WIOA fiscal agent is responsible for the receipt, disbursement, accounting and reporting of all CCMEP funds awarded by ODJFS. Fiscal responsibilities for CCMEP include:

(1) Fulfilling the responsibilities of a pass-through entity as defined in 2 C.F.R. part 200.331, the duties of a WIOA fiscal agent, and the terms and conditions in the ODJFS sub-grant agreement;

(2) Ensuring a sub-grant agreement exists with each CCMEP lead agency within the local area;

(3) Monitoring the area's sub-recipients, including the CCMEP lead agency;

(4) If assigned by the workforce development board, procuring the CCMEP WIOA youth providers on the board's behalf.

(E) CCMEP funding.

(1) ODJFS awards all CCMEP WIOA youth funds to the WIOA fiscal agent for each county.

(2) When the lead agency is a WDA, ODJFS issues the CCMEP TANF regular and CCMEP TANF administration funds to the WIOA fiscal agent.

(F) Procurement.

(1) WIOA youth procurement shall be a collaborative effort with the LWDB, WIOA fiscal agent and lead agency. In accordance with WIOA section 107(d)(10)(B), the workforce development board (WDB) has responsibility for the competitive procurement of WIOA youth service providers, which includes those that are used to deliver CCMEP WIOA youth funded services.

(2) In accordance with 20 C.F.R. part 679.420, the local board may assign the duty of procuring contracts to the fiscal agent.

(3) When a lead agency or WIOA fiscal agent expresses an interest in becoming a competitively procured youth provider, the lead agency or WIOA fiscal agent must separate itself from all aspects of the procurement process.

(G) Administration.

(1) CCMEP WIOA youth administration.

(a) In accordance with 20 C.F.R. part 683.215, the definition of WIOA administration specifies that all costs incurred for functions and activities of sub-recipients and contractors are program costs, unless the sub-recipient or contractor is performing only administrative functions.

(b) Sub-recipient and contractors performing program functions that are funded with CCMEP WIOA youth funds do not report administrative costs against the area's ten per cent administration expense limit.

(c) At the discretion of the LWDB, a reasonable portion of CCMEP WIOA youth administration funds may be used to support the activities of the LWDB and WIOA fiscal agent.

(2) CCMEP TANF administration.

(a) When a WDA serves as the lead agency, up to ten per cent of the CCMEP TANF administration allocation may be retained at the WIOA fiscal agent level for administration costs. The term "administrative costs" as defined in 45 C.F.R. part 263 means costs necessary for the proper administration of the TANF program or separate state programs, such as costs associated with eligibility determination activities.

(b) Specific activities that are related to the general administration and coordination of the TANF program can be found in rule 5101:9-6-08.8 of the Administrative Code.

(H) 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.


Effective: 7/1/2016
Promulgated Under: 111.15
Statutory Authority: 5101.02, 6301.03
Rule Amplifies: 5101.02, 6301.03