§ 658.504. Reinstatement of services.
331 words·~2 min read·
/us/cfr/t20/s§ 658.504·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Where the SWA discontinues services to an employer under § 658.502(b) or § 658.503, the employer may submit a written request for reinstatement of services to the SWA or may, within 20 working days of receiving notice of the SWA's final determination, appeal the discontinuation by submitting a written request for a hearing.
(b)If the employer submits a written request for reinstatement of services to the SWA:
(1)Within 20 working days of receipt of the employer's request for reinstatement, the SWA must notify the employer of its decision to grant or deny the request. If the SWA denies the request for reinstatement, it must specify the reasons for the denial and notify the employer that it may request a hearing, in accordance with paragraph
(c)of this section, within 20 working days.
(2)The SWA must reinstate services if:
(i)The employer provides adequate evidence that the policies, procedures, or conditions responsible for the previous discontinuation of services have been corrected and that the same or similar circumstances are not likely to occur in the future; and
(ii)The employer provides adequate evidence that it has responded to all findings of an enforcement agency, SWA, or ETA, including payment of any fines or restitution to remediate the violation, that were the basis of the discontinuation of services, if applicable.
(c)If the employer submits a timely request for a hearing:
(1)The SWA must follow the procedures set forth in § 658.417; and
(2)The SWA must reinstate services to the employer if ordered to do so by a State hearing official, Regional Administrator, or Federal Administrative Law Judge as a result of a hearing offered pursuant to paragraph (c)(1) of this section.
(d)Within 10 working days of the date of issuance, the SWA must notify the ETA Office of Workforce Investment of any determination to reinstate ES services, or any decision on appeal upholding a SWA's determination to discontinue services. [89 FR 34067, Apr. 29, 2024]