| (a) For an AEL grant recipient to be eligible to receive
deobligated AEL funds, the Commission may consider whether the AEL
grant recipient:
(1) has met targeted expenditure levels as required
by §800.78(a) and (b) of this subchapter, as applicable, for
that period;
(2) has not expended or obligated more than 100 percent
of the workforce area's allocation for the category of funding;
(3) has demonstrated that expenditures conform to cost
category limits for funding;
(4) has demonstrated the need for and ability to use
additional funds;
(5) is current on expenditure reporting;
(6) is current with all single audit requirements;
(7) is meeting performance for the program year; and
(8) is not under sanction.
(b) The Commission must approve any plan to reallocate
funds deobligated or voluntarily deobligated from AEL grant recipients.
The Commission may make such funds available as a first priority to
any other AEL grant recipients providing AEL services within the same
workforce area meeting the requirements of subsection (a) of this
section, upon receipt and approval by the Commission of an acceptable
plan. Following the determination that any such plan has not been
determined to be acceptable, the Commission may consider AEL grant
recipients outside the workforce area satisfying the requirements
of subsection (a) of this section, upon receipt and approval by the
Commission of an acceptable plan. In the event AEL grant recipients
outside the workforce area are not able to meet the requirements of
subsection (a) of this section, Agency staff will present an alternate
plan for Commission consideration.
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