---
kind: "section"
citation: "20 C.F.R. § 679.410"
title: "20"
number: "679.410"
heading: "Under what conditions may a Local Workforce Development Board directly be a provider of career services, or training services, or act as a one-stop operator?"
url: "https://uscodex.org/cfr/20/679.410"
---

# §679.410. Under what conditions may a Local Workforce Development Board directly be a provider of career services, or training services, or act as a one-stop operator?

- (a)
  - (1) A Local WDB may be selected as a one-stop operator:
    - (i) Through sole source procurement in accordance with [§ 678.610](/cfr/20/678.610.md) of this chapter; or
    - (ii) Through successful competition in accordance with [§ 678.615](/cfr/20/678.615.md) of this chapter.
  - (2) The chief elected official in the local area and the Governor must agree to the selection described in [paragraph (a)(1)](#a-1) of this section.
  - (3) Where a Local WDB acts as a one-stop operator, the State must ensure certification of one-stop centers in accordance with [§ 678.800](/cfr/20/678.800.md) of this chapter.
- (b) A Local WDB may act as a provider of career services only with the agreement of the chief elected official in the local area and the Governor.
- (c) A Local WDB is prohibited from providing training services, unless the Governor grants a waiver in accordance with the provisions in WIOA [sec. 107(g)(1)](/cfr/20/107.md?p=g-1).
  - (1) The State must develop a procedure for approving waivers that includes the criteria at WIOA [sec. 107(g)(1)(B)(i)](/cfr/20/107.md?p=g-1-B-i):
    - (i) Satisfactory evidence that there is an insufficient number of eligible training providers of such a program of training services to meet local demand in the local area;
    - (ii) Information demonstrating that the WDB meets the requirements for eligible training provider services under WIOA [sec. 122](/cfr/20/122.md); and
    - (iii) Information demonstrating that the program of training services prepares participants for an in-demand industry sector or occupation in the local area.
  - (2) The local area must make the proposed request for a waiver available to eligible training providers and other interested members of the public for a public comment period of not less than 30 days and includes any comments received during this time in the final request for the waiver.
  - (3) The waiver must not exceed the duration of the local plan and may be renewed by submitting a new waiver request consistent with paragraphs [(c)(1)](#c-1) and [(2)](#c-2) of this section for additional periods, not to exceed the durations of such subsequent plans.
  - (4) The Governor may revoke the waiver if the Governor determines the waiver is no longer needed or that the Local WDB involved has engaged in a pattern of inappropriate referrals to training services operated by the Local WDB.
- (d) The restrictions on the provision of career and training services by the Local WDB, as one-stop operator, also apply to staff of the Local WDB.

## 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.