---
kind: "section"
citation: "20 C.F.R. § 679.250"
title: "20"
number: "679.250"
heading: "What are the requirements for initial and subsequent designation of workforce development areas that had been designated as local areas under the Workforce Investment Act of 1998?"
url: "https://uscodex.org/cfr/20/679.250"
---

# §679.250. What are the requirements for initial and subsequent designation of workforce development areas that had been designated as local areas under the Workforce Investment Act of 1998?

- (a) If the chief elected official and Local WDB in a local area submits a request for initial designation, the Governor must approve the request if, for the 2 program years preceding the date of enactment of WIOA, the following criteria are met:
  - (1) The local area was designated as a local area for purposes of WIA;
  - (2) The local area performed successfully; and
  - (3) **The local area sustained fiscal integrity.**
- (b) Subject to [paragraph (c)](#c) of this section, after the period of initial designation, if the chief elected official and Local WDB in a local area submits a request for subsequent designation, the Governor must approve the request if the following criteria are met for the 2 most recent program years of initial designation:
  - (1) The local area performed successfully;
  - (2) The local area sustained fiscal integrity; and
  - (3) In the case of a local area in a planning region, the local area met the regional planning requirements described in WIOA [sec. 106(c)(1)](/cfr/20/106.md?p=c-1).
- (c) No determination of subsequent eligibility may be made before the conclusion of Program Year (PY) 2017.
- (d) **The Governor—**
  - (1) May review a local area designated under [paragraph (b)](#b) of this section at any time to evaluate whether that the area continues to meet the requirements for subsequent designation under that paragraph; and
  - (2) Must review a local area designated under [paragraph (b)](#b) of this section before submitting its State Plan during each 4-year State planning cycle to evaluate whether the area continues to meet the requirements for subsequent designation under that paragraph.
- (e) For purposes of subsequent designation under paragraphs [(b)](#b) and [(d)](#d) of this section, the local area and chief elected official must be considered to have requested continued designation unless the local area and chief elected official notify the Governor that they no longer seek designation.
- (f) Local areas designated under [§ 679.240](/cfr/20/679.240.md) or States designated as single-area States under [§ 679.270](/cfr/20/679.270.md) are not subject to the requirements described in [paragraph (b)](#b) of this section related to the subsequent designation of a local area.
- (g) The Governor may approve, under [paragraph (c)](#c) of this section, a request for designation as a local area from areas served by rural concentrated employment programs as described in WIOA [sec. 107(c)(1)(C)](/cfr/20/107.md?p=c-1-C).

## Notes

### Authority

Authority: Secs. 101, 106, 107, 108, 189, 503, Public Law 113-128, 128 Stat. 1425 (Jul. 22, 2014).

### Source

Source: 81 FR 56371, Aug. 19, 2016, unless otherwise noted.
