§ 4490. DISCONTINUANCE OF APPROVAL OF PARTICIPATION IN CERTAIN EMPLOYER PROGRAMS.
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/usc/title-10/section-4490A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Failure To Meet Requirements .— If the implementing official finds at any time that a program of job training previously approved for the purposes of this subtitle thereafter fails to meet any of the requirements established under this subtitle, such official may immediately disapprove further participation by eligible persons in that program. Such official shall provide to the employer concerned, and to each eligible person participating in the employer’s program, a statement of the reasons for, and an opportunity for a hearing with respect to, such disapproval.
The employer and each such eligible person shall be notified of such disapproval, the reasons for such disapproval, and the opportunity for a hearing. Notification shall be by a certified or registered letter, and a return receipt shall be secured. Rate of Completion .— If the implementing official determines that the rate of eligible persons’ successful completion of an employer’s programs of job training previously approved for the purposes of this subtitle is disproportionately low because of deficiencies in the quality of such programs, such official shall disapprove participation in such programs on the part of eligible persons who had not begun such participation on the date that the employer is notified of the disapproval.
In determining whether any such rate is disproportionately low because of such deficiencies, such official shall take into account appropriate data, including— the quarterly data provided by the Secretary of Labor with respect to the number of eligible persons who receive counseling in connection with training under this subtitle, are referred to employers under this subtitle, participate in job training under this subtitle, and complete such training or do not complete such training, and the reasons for noncompletion; and data compiled through the particular employer’s compliance surveys.
With respect to a disapproval under paragraph (1), the implementing official shall provide to the employer concerned the kind of statement, opportunity for hearing, and notice described in subsection (a). A disapproval under paragraph
(1)shall remain in effect until such time as the implementing official determines that adequate remedial action has been taken.