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29 U.S.C. § 3248 — Administrative adjudication
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Whenever any applicant for financial assistance under this subchapter is dissatisfied because the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may request a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under [section 3244 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3244&num=0&edition=prelim).
**(b) Appeal** The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the decision of the administrative law judge, a party dissatisfied with the decision or any part of the decision has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged during the 20-day period shall be deemed to have been waived. After the 20-day period the decision of the administrative law judge shall become the final decision of the Secretary unless the Secretary, within 30 days after such filing, notifies the parties that the case involved has been accepted for review.
**(c) Time limit** Any case accepted for review by the Secretary under subsection (b) shall be decided within 180 days after such acceptance. If the case is not decided within the 180-day period, the decision of the administrative law judge shall become the final decision of the Secretary at the end of the 180-day period.
**(d) Additional requirement** The provisions of [section 3247 of this title](https://uscode.house.gov/view.xhtml?req=gra
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Source file: Laws/federal/codes/united-states-code/title-29/section-3248-administrative-adjudication--5586d1cc0d.md
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Source location: Title 29, Chapter 32, § 3248; chapter-032-workforce-innovation-and-opportunity.md
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**(a) In general** Whenever any applicant for financial assistance under this subchapter is dissatisfied because the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may request a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under [section 3244 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3244&num=0&edition=prelim).
**(b) Appeal** The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the decision of the administrative law judge, a party dissatisfied with the decision or any part of the decision has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged during the 20-day period shall be deemed to have been waived. After the 20-day period the decision of the administrative law judge shall become the final decision of the Secretary unless the Secretary, within 30 days after such filing, notifies the parties that the case involved has been accepted for review.
**(c) Time limit** Any case accepted for review by the Secretary under subsection (b) shall be decided within 180 days after such acceptance. If the case is not decided within the 180-day period, the decision of the administrative law judge shall become the final decision of the Secretary at the end of the 180-day period.
**(d) Additional requirement** The provisions of [section 3247 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3247&num=0&edition=prelim) shall apply to any final action of the Secretary under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recipient recordkeeping and reports**
(1) **In general** — Recipients of funds under this subchapter shall keep records that are sufficient to permit the preparation of reports required by this subchapter and to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully.
(2) **Records and reports regarding general performance** — Every such recipient shall maintain such records and submit such reports, in such form and containing such information, as the Secretary may require regarding the performance of programs and activities carried out under this subchapter. Such records and reports shall be submitted to the Secretary but shall not be required to be submitted more than once each quarter unless specifically requested by Congress or a committee of Congress, in which case an estimate regarding such information may be provided.
(3) **Maintenance of standardized records** — In order to allow for the preparation of the reports required under subsection (c), such recipients shall maintain standardized records for all individual participants and provide to the Secretary a sufficient number of such records to provide for an adequate analysis of the records.
(4) **Availability to the public**
(A) *In general* — Except as provided in subparagraph (B), records maintained by such recipients pursuant to this subsection shall be made available to the public upon request.
(B) *Exception* — Subparagraph (A) shall not apply to—
(i) information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and
(ii) trade secrets, or commercial or financial information, that is—
(I) obtained from a person; and
(II) privileged or confidential.
(C) *Fees t
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3247
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allotments based on latest available data** All allotments to States and grants to outlying areas under this subchapter shall be based on the latest available data and estimates satisfactory to the Secretary. All data relating to disadvantaged adults and disadvantaged youth shall be based on the most recent satisfactory data from the Bureau of the Census.
**(b) Publication in Federal Register relating to formula funds** Whenever the Secretary allots funds required to be allotted under this subchapter, the Secretary shall publish in a timely fashion in the Federal Register the amount proposed to be distributed to each recipient of the funds.
**(c) Requirement for funds distributed by formula** All funds required to be allotted under section 3162 or 3172 of this title shall be allotted within 45 days after the date of enactment of the Act appropriating the funds, except that, if such funds are appropriated in advance as authorized by [section 3249(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3249/g&num=0&edition=prelim), such funds shall be allotted or allocated not later than the March 31 preceding the program year for which such funds are to be available for obligation.
**(d) Publication in Federal Register relating to discretionary funds** Whenever the Secretary utilizes a formula to allot or allocate funds made available for distribution at the Secretary’s discretion under this subchapter, the Secretary shall, not later than 30 days prior to such allotment or allocation, publish for comment in the Federal Register the formula, the rationale for the formula, and the proposed amounts to be distributed to each State and local area. After consideration of any comments received, the Secretary shall publish final all
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3244
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Federal law — U.S. Code and appendices · legal_authorities
In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act).
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2931, Pub. L. 105–220, title I, § 181, Aug. 7, 1998, 112 Stat. 1038, related to requirements and restrictions. See [section 3241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3241&num=0&edition=prelim).
Provisions similar to those formerly contained in section 2931 were contained in sections 1551 to 1554 of this title prior to repeal by Pub. L. 105–220.
Section 2932, Pub. L. 105–220, title I, § 182, Aug. 7, 1998, 112 Stat. 1041, related to prompt allocation of funds. See [section 3242 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3242&num=0&edition=prelim).
Provisions similar to those formerly contained in section 2932 were contained in [section 1572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1572&num=0&edition=prelim) prior to repeal by Pub. L. 105–220.
Section 2933, Pub. L. 105–220, title I, § 183, Aug. 7, 1998, 112 Stat. 1042, related to monitoring for compliance with chapter. See [section 3243 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3243&num=0&edition=prelim).
Provisions similar to those formerly contained in section 2933 were contained in [section 1573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1573&num=0&edition=prelim) prior to repeal by Pub. L. 105–220.
Section 2934, Pub. L. 105–220, title I, § 184, Aug. 7, 1998, 112 Stat. 1042, related to fiscal controls and sanctions. See [section 3244 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3244&num=0&edition=prelim).
Provisions similar to those formerly contained in section 2934 were contained in [section 1
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 2931 to 2945
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Plan** For a State to be eligible to receive allotments for the core programs, the Governor shall submit to the Secretary of Labor for the approval process described under subsection (c)(2), a unified State plan. The unified State plan shall outline a 4-year strategy for the core programs of the State and meet the requirements of this section.
**(b) Contents**
(1) **Strategic planning elements** — The unified State plan shall include strategic planning elements consisting of a strategic vision and goals for preparing an educated and skilled workforce, that include—
(A) an analysis of the economic conditions in the State, including—
(i) existing and emerging in-demand industry sectors and occupations; and
(ii) the employment needs of employers, including a description of the knowledge, skills, and abilities, needed in those industries and occupations;
(B) an analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce, including individuals with barriers to employment (including individuals with disabilities), in the State;
(C) an analysis of the workforce development activities (including education and training) in the State, including an analysis of the strengths and weaknesses of such activities, and the capacity of State entities to provide such activities, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State;
(D) a description of the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to employment) and for meeting the skilled workforce needs of employers, including goals relating to performanc
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3121
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** Except as provided in subsection (c)(2)(A), there shall be established, and certified by the Governor of the State, a local workforce development board in each local area of a State to carry out the functions described in subsection (d) (and any functions specified for the local board under this Act or the provisions establishing a core program) for such area.
**(b) Membership**
(1) **State criteria** — The Governor, in partnership with the State board, shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local boards in such local areas in accordance with the requirements of paragraph (2).
(2) **Composition** — Such criteria shall require that, at a minimum—
(A) a majority of the members of each local board shall be representatives of business in the local area, who—
(i) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority;
(ii) represent businesses, including small businesses, or organizations representing businesses described in this clause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local area; and
(iii) are appointed from among individuals nominated by local business organizations and business trade associations;
(B) not less than 20 percent of the members of each local board shall be representatives of the workforce within the local area, who—
(i) shall include representatives of labor organizations (for a local area in which employees are represented by labor organizations), who have been nominated by local labor fe
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each local board shall develop and submit to the Governor a comprehensive 4-year local plan, in partnership with the chief elected official. The local plan shall support the strategy described in the State plan in accordance with [section 3112(b)(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3112/b/1/E&num=0&edition=prelim), and otherwise be consistent with the State plan. If the local area is part of a planning region, the local board shall comply with [section 3121(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3121/c&num=0&edition=prelim) in the preparation and submission of a regional plan. At the end of the first 2-year period of the 4-year local plan, each local board shall review the local plan and the local board, in partnership with the chief elected official, shall prepare and submit modifications to the local plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the local plan.
**(b) Contents** The local plan shall include—
(1) a description of the strategic planning elements consisting of—
(A) an analysis of the regional economic conditions including—
(i) existing and emerging in-demand industry sectors and occupations; and
(ii) the employment needs of employers in those industry sectors and occupations;
(B) an analysis of the knowledge and skills needed to meet the employment needs of the employers in the region, including employment needs in in-demand industry sectors and occupations;
(C) an analysis of the workforce in the region, including current labor force employment (and unemployment) data, and information on labor market trends, and the educational and
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3141
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Consistent with an approved State plan, the local board for a local area, with the agreement of the chief elected official for the local area, shall—
(1) develop and enter into the memorandum of understanding described in subsection (c) with one-stop partners;
(2) designate or certify one-stop operators under subsection (d); and
(3) conduct oversight with respect to the one-stop delivery system in the local area.
**(b) One-stop partners**
(1) **Required partners**
(A) *Roles and responsibilities of one-stop partners* — Each entity that carries out a program or activities described in subparagraph (B) in a local area shall—
(i) provide access through the one-stop delivery system to such program or activities carried out by the entity, including making the career services described in [section 3174(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3174/c/2&num=0&edition=prelim) that are applicable to the program or activities available at the one-stop centers (in addition to any other appropriate locations);
(ii) use a portion of the funds available for the program and activities to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h);
(iii) enter into a local memorandum of understanding with the local board, relating to the operation of the one-stop system, that meets the requirements of subsection (c);
(iv) participate in the operation of the one-stop system consistent with the terms of the memorandum of understanding, the requirements of this subchapter, and the requirements of the Federal laws authorizing the program or activities; and
(v) provide representation on the State board to th
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3153
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Statewide employment and training activities**
(1) **In general** — Funds reserved by a Governor—
(A) as described in [section 3173(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3173/a/2&num=0&edition=prelim) shall be used to carry out the statewide rapid response activities described in paragraph (2)(A); and
(B) as described in sections 3163(a) and 3173(a)(1) of this title—
(i) shall be used to carry out the statewide employment and training activities described in paragraph (2)(B); and
(ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3),
regardless of whether the funds were allotted to the State under [section 3162(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3162/b/1&num=0&edition=prelim) or under paragraph (1) or (2) of [section 3172(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3172/b&num=0&edition=prelim).
(2) **Required statewide employment and training activities**
(A) *Statewide rapid response activities*
(i) *In general* — A State shall carry out statewide rapid response activities using funds reserved by the Governor for the State under [section 3173(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3173/a/2&num=0&edition=prelim), which activities shall include—
(I) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials for the local areas; and
(II) provision of additional assistance to local areas that experience d
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3191
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Federal law — U.S. Code and appendices · legal_authorities
Page 941
TITLE 29—LABOR
§ 3248
the Secretary shall require only that the costs
be
categorized
as
administrative
or
pro-
grammatic costs.
(Pub. L. 113–128, title I, § 185, July 22, 2014, 128
Stat. 1594; Pub. L. 117–286, § 4(b)(48), Dec. 27, 2022,
136 Stat. 4348.)
Editorial Notes
AMENDMENTS
2022—Subsec. (b)(3)(D). Pub. L. 117–286 substituted
‘‘chapter 4 of title 5’’ for ‘‘the Inspector General Act of
1978 (5 U.S.C. App.)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on the first day of the first full pro-
gram year after July 22, 2014 (July 1, 2015), see section
506 of Pub. L. 113–128, set out as a note under section
3101 of this title.
§ 3246. Administrative adjudication
(a) In general
Whenever any applicant for financial assist-
ance under this subchapter is dissatisfied be-
cause the Secretary has made a determination
not to award financial assistance in whole or in
part to such applicant, the applicant may re-
quest a hearing before an administrative law
judge of the Department of Labor. A similar
hearing may also be requested by any recipient
for whom a corrective action has been required
or a sanction has been imposed by the Secretary
under section 3244 of this title.
(b) Appeal
The decision of the administrative law judge
shall constitute final action by the Secretary
unless, within 20 days after receipt of the deci-
sion of the administrative law judge, a party
dissatisfied with the decision or any part of the
decision has filed exceptions with the Secretary
specifically identifying the procedure, fact, law,
or policy to which exception is taken. Any ex-
ception not specifically urged during the 20-day
period shall be deemed to have been waived.
After the 20-day period the decision of the ad-
mini
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 3248
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