§38.52. Governor's liability for actions of recipients the Governor has financially assisted under Title I of WIOA.
29 C.F.R. § 38.52
The Governor and the recipient are jointly and severally liable for all violations of the nondiscrimination and equal opportunity provisions of WIOA and this part by the recipient, unless the Governor has:
Established and implemented a Nondiscrimination Plan, under § 38.54, designed to give a reasonable guarantee of the recipient's compliance with such provisions;
Entered into a written contract with the recipient that clearly establishes the recipient's obligations regarding nondiscrimination and equal opportunity;
Acted with due diligence to monitor the recipient's compliance with these provisions; and
Taken prompt and appropriate corrective action to effect compliance.
If the Director determines that the Governor has demonstrated substantial compliance with the requirements of paragraph (a) of this section, the Director may recommend to the Secretary that the imposition of sanctions against the Governor be waived and that sanctions be imposed only against the noncomplying recipient.
Notes, amendments, and revision history
Authority
Authority: 29 U.S.C. 3101 et seq. ; 42 U.S.C. 2000d et seq. ; 29 U.S.C. 794; 42 U.S.C. 6101 et seq. ; and 20 U.S.C. 1681 et seq.
Source
Source: 81 FR 87211, Dec. 2, 2016, unless otherwise noted.