---
kind: "section"
citation: "20 C.F.R. § 683.630"
title: "20"
number: "683.630"
heading: "What additional appeal processes or systems must a State have for the Workforce Innovation and Opportunity Act program?"
url: "https://uscodex.org/cfr/20/683.630"
---

# §683.630. What additional appeal processes or systems must a State have for the Workforce Innovation and Opportunity Act program?

- (a) **Non-designation of local areas—**
  - (1) The State must establish, and include in its State Plan, due process procedures which provide expeditious appeal to the State WDB for a unit of general local government (including a combination of such units) or grant recipient that requests, but is not granted, initial or subsequent designation of an area as a local area under WIOA sec. [106(b)(2)](/cfr/20/106.md?p=b-2) or [106(b)(3)](/cfr/20/106.md?p=b-3) and [§ 679.250](/cfr/20/679.250.md) of this chapter.
  - (2) These procedures must provide an opportunity for a hearing and prescribe appropriate time limits to ensure prompt resolution of the appeal.
  - (3) If the appeal to the State WDB does not result in designation, the appellant may request review by the Secretary under [§ 683.640](/cfr/20/683.640.md).
- (b) **Denial or termination of eligibility as a training provider—**
  - (1) A State must establish procedures which allow providers of training services the opportunity to appeal:
    - (i) **Denial of eligibility by a Local WDB or the designated State agency under WIOA sec.** 122(b), 122(c), or 122(d).
    - (ii) **Termination of eligibility or other action by a Local WDB or State agency under WIOA sec.** 122(f); or
    - (iii) Denial of eligibility as a provider of on-the-job training (OJT) or customized training by a one-stop operator under WIOA [sec. 122(h)](/cfr/20/122.md?p=h).
  - (2) Such procedures must provide an opportunity for a hearing and prescribe appropriate time limits to ensure prompt resolution of the appeal.
  - (3) A decision under this State appeal process may not be appealed to the Secretary.
- (c) **Testing and sanctioning for use of controlled substances.**
  - (1) A State must establish due process procedures, in accordance with WIOA [sec. 181(f)](/cfr/20/181.md?p=f), which provide expeditious appeal for:
    - (i) Participants in programs under title I, subtitle B of WIOA subject to testing for use of controlled substances, imposed under a State policy established under WIOA [sec. 181(f)(1)](/cfr/20/181.md?p=f-1); and
    - (ii) Participants in programs under title I, subtitle B of WIOA who are sanctioned, in accordance with WIOA [sec. 181(f)(2)](/cfr/20/181.md?p=f-2), after testing positive for the use of controlled substances, under the policy described in [paragraph (c)(1)(i)](#c-1-i) of this section.
  - (2) A decision under this State appeal process may not be appealed to the Secretary.

## Notes

### Authority

Authority: Secs. 102, 116, 121, 127, 128, 132, 133, 147, 167, 169, 171, 181, 185, 186, 189, 195, 503, Public Law 113-128, 128 Stat. 1425 (Jul. 22, 2014).

### Source

Source: 81 FR 56410, Aug. 19, 2016, unless otherwise noted.