181.00.04 Ark. Code R. § 003 Sanctions Policies

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 181.00.04 Ark. Code R. § 003
• Year: 2023

SANCTIONS POLICIES

I. Purpose: The purpose of these policies is in conjunction with Chapter 181undefined6 - General Provisions, of the Workforce Investment Act (WIA) and to establish a comprehensive performance accountability system, comprised of the implementation of the activities described throughout the Act and Regulations and the requirements of the Arkansas Workforce Investment Board (AWIB), as well as to assess the effectiveness of Local Workforce Investment Areas (LWIA) in achieving continuous improvement of workforce investment activities funded under the Act, in order to optimize the return on investment of Federal funds in statewide and local workforce investment activities, in conjunction with the Act and Regulations.

II General Information: The Workforce Investment Act and Regulations provide that the recipient (Governor) is responsible for all funds granted to the State. In turn, the Governor holds Local Boards and Chief Elected Officials (CEO), through the Grant Recipient and/or Administrative Entity, responsible for all WIA funds they receive, including performance and the proper expenditures of such funds. The Governor is also responsible for monitoring and oversight of compliance with WIA requirements, as well as other applicable Federal and State laws and policies.

The political jurisdiction(s) of the CEOs, in a Local Workforce Investment Area (LWIA), is liable for any misuse of any WIA funds (unless an agreement has been reached with the Governor to bear such liability) (reference the Act at Section 181undefined300 and the Federal Regulations at Sections 181undefined661.300 and 181undefined667.705 ).

When the LWIA is comprised of more than one unit of general local government, the joint liability of the individual jurisdictions must be specified in a written agreement between the chief elected officials and part of the local plan (Reference the Act at Section 181undefined117(c) ).

The Arkansas Workforce Investment Board (AWIB) and its staff and the Arkansas Employment Security Department (AESD) act on behalf of the Governor for all Workforce Investment Act activities in Arkansas. (Throughout instances in these policies, the AWIB and AESD staffs are referred to as State Staff.) As part of the ongoing responsibilities for the oversight of federal employment and training activities in Arkansas, the State staff conducts continuous desk reviews, captures and reviews performance data, and conducts on-site monitoring reviews on a regularly scheduled basis (not less than once annually).

III. Review Implementation: The State staff (AWIB and AESD) performs as the State's administrative entity responsible for implementing employment and training, monitoring and oversight and capturing performance data associated with Title I B of the Workforce Investment Act, using Federal and/or State developed review guides and performance requirements. The State staff will also be responsible for conducting programmatic, financial, EEO and ADA monitoring reviews.

The primary mission of the desk or on-site monitoring review is to ensure administrative policies, practices, standards and systems are functioning and operational within the parameters established by federal/state legislation, regulations and policy directives. The primary mission of capturing and reviewing performance is to ensure that required performance criteria are being achieved.

The results of each monitoring review will be documented and compiled in a formal report and disseminated for response and, as warranted include recommended corrective action to the appropriate Local Workforce Investment Board, Administrative Entity and Grant Recipient. Specific activities subject to the State's on-site and desk monitoring reviews may include, but are not limited to:

Allowable activities	Eligibility	Targeting
Assessment methodology	Selection	Property management
EEO and ADA compliance	Fiscal accountability	Internal controls
Inventory control	Security maintenance Data validation
Conflict of interest	Nepotism	Customer satisfaction
Record keeping	Data entry and sharing
Record retention	Contracts and subcontracts
Compilation of performance data

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