| (a) A WIOA-funded training provider or other provider
certified by the Agency and later found to be ineligible to receive
funding as a training provider may file an appeal directly with the
Agency.
(b) Upon receipt of an appeal from a Board decision,
an appeal pursuant to subsection (a) of this section, or if no informal
resolution of a complaint is successfully reached pursuant to §823.20
of this subchapter (relating to State-Level Complaints), the Agency
shall promptly assign a hearing officer and mail a notice of hearing
to the parties and/or their designated representatives. The hearing
shall be set and held promptly and in no case later than as provided
by applicable statute or rule.
(c) The notice of hearing shall be in writing and include
a:
(1) statement of the date, time, place, and nature
of the hearing;
(2) statement of the legal authority under which the
hearing is to be held; and
(3) short and plain statement of the issues to be considered
during the hearing.
(d) The notice of hearing shall be issued at least
10 calendar days before the date of the hearing unless a shorter period
is permitted by statute.
(e) Hearings shall be conducted by telephonic means,
unless an in-person hearing is required by applicable statute or the
Agency determines that an in-person hearing is necessary.
(f) Parties may request accommodations, including interpreters,
through the hearing officer or Agency staff.
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