[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR667.825]

[Page 805-806]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 667--ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT--Table of Contents
 
       Subpart H--Administrative Adjudication and Judicial Review
 
Sec. 667.825  What special rules apply to reviews of NFJP and WIA INA grant selections?

    (a) An applicant whose application for funding as a WIA INA grantee 
under 20 CFR part 668 or as an NFJP grantee under 20 CFR part 669 is 
denied in whole or in part may request an administrative review under 
Sec. 667.800(a) with to determine whether there is a basis in the record 
to support the decision. This appeal will not in any way interfere with 
the designation and funding of another organization to serve the area in 
question during the appeal period. The available remedy in such an 
appeal is the right to be designated in the future as the WIA INA or 
NFJP grantee for the remainder of the current grant cycle. Neither 
retroactive nor immediately effective selection status may be awarded as 
relief in a non-selection appeal under this section.
    (b) If the ALJ rules that the organization should have been selected 
and the organization continues to meet the requirements of 20 CFR part 
668 or part 669, we will select and fund the organization within 90 days 
of the ALJ's decision unless the end of the 90-day period is within six 
(6) months of the end of the funding period. An applicant so selected is 
not entitled to the full grant amount, but will only receive the funds 
remaining in the grant that have not been expended by the current 
grantee through its operation of the grant and its subsequent closeout.
    (c) Any organization selected and/or funded as a WIA INA or NFJP 
grantee is subject to being removed as grantee in the event an ALJ 
decision so orders. The Grant Officer provides instructions on 
transition and close-out to a grantee which is removed. All parties must 
agree to the provisions of this paragraph as a condition for WIA INA or 
NFJP funding.
    (d) A successful appellant which has not been awarded relief because 
of the

[[Page 806]]

application of paragraph (b) of this section is eligible to compete for 
funds in the immediately subsequent two-year grant cycle. In such a 
situation, we will not issue a waiver of competition and for the area 
and will select a grantee through the normal competitive process.