[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR37.62]

[Page 429]
 
                             TITLE 29--LABOR
 
PART 37_IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY 
PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998 (WIA)--Table of Contents
 
                     Subpart D_Compliance Procedures
 
Sec. 37.62  What are the authority and procedures for conducting 
pre-approval compliance reviews?

    (a) As appropriate and necessary to ensure compliance with the 
nondiscrimination and equal opportunity provisions of WIA or this part, 
the Director may review any application, or class of applications, for 
Federal financial assistance under Title I of WIA, before and as a 
condition of their approval. The basis for such review may be the 
assurance specified in Sec. 37.20, information and reports submitted by 
the grant applicant under this part or guidance published by the 
Director, and any relevant records on file with the Department.
    (b) Where the Director determines that the grant applicant for 
Federal financial assistance under WIA Title I, if financially assisted, 
might not comply with the nondiscrimination and equal opportunity 
requirements of WIA or this part, the Director must:
    (1) Notify, in a timely manner, the Departmental grantmaking agency 
and the Assistant Attorney General of the findings of the pre-approval 
compliance review; and
    (2) Issue a Letter of Findings. The Letter of Findings must advise 
the grant applicant, in writing, of:
    (i) The preliminary findings of the review;
    (ii) The proposed remedial or corrective action under Section 37.94 
and the time within which the remedial or corrective action should be 
completed;
    (iii) Whether it will be necessary for the grant applicant to enter 
into a written Conciliation Agreement as described in Sec. Sec. 37.95 
and 37.97; and
    (iv) The opportunity to engage in voluntary compliance negotiations.
    (c) If a grant applicant has agreed to certain remedial or 
corrective actions in order to receive WIA Title I-funded Federal 
financial assistance, the Department must ensure that the remedial or 
corrective actions have been taken, or that a Conciliation Agreement has 
been entered into, before approving the award of further assistance 
under WIA Title I. If a grant applicant refuses or fails to take 
remedial or corrective actions or to enter into a Conciliation 
Agreement, as applicable, the Director must follow the procedures 
outlined in Sec. Sec. 37.98 through 37.100.