After initial establishment, each local WDB must be recertified by the State once every two (2) years.
Recertification shall be granted to one (1) local WDB in each designated local area based on the following criteria:
Membership of the local WDB is compliant with the membership criteria outlined in the
Local WDB Membership and Criteria section 1.4.8; and
During the most recent period of certification (prior two (2) years) the local WDB has ensured
positive outcomes for workforce investment activities carried out in the local area, including
successful attainment of performance accountability measures and achievement of sustained fiscal integrity.
Failure to Achieve Recertification
In cases where local WDBs fail to achieve recertification, the Governor shall appoint a compliant WDB
following the process outlined in WIOA Section 107(c)(1)(B)(ii).
Local WDBs may be decertified in certain cases, including when:
The local WDB is found to have committed fraud, abuse, and/or failure to carry out required functions.
In this case, the Governor shall provide notice to the CEO(s) and the local WDB,
and an opportunity for comment which will last no less than 30 days.
The local WDB has failed to meet the local performance accountability measures for such local area
in accordance with section 116(c) for two (2) consecutive program years.
If a local WDB is decertified, the Governor, in consultation with the CEO in the local area, may issue a
reorganization plan and require that a new board be appointed per the criteria established in the
Local WDB Membership and Criteria section 1.4.8.
When subject to reorganization, the local board and CEO for a local area have 30 days after receiving
notice of the reorganization plan to appeal to the Governor to rescind or revise the plan. The Governor
must provide the CEO with a ruling within 30 days of receiving the appeal. The local board and CEO have 30 days
from the date of receiving the Governor's ruling to file an appeal with the Secretary of Labor. The
Secretary must make a final decision with 30 days of receiving the appeal. However, the Governor's ruling
will be effective at issuance, and will remain effective unless rescinded or
revised by the Secretary of Labor. 3
network