This section provides guidance to training providers on the revocation of eligibility for the Eligible Training Provider List (ETPL).
Under the Workforce Innovation and Opportunity Act (WIOA), the State ETPL Coordinator has the authority to revoke a training provider and its program(s) for violations of this policy or the principles of WIOA. If the State ETPL Coordinator becomes aware of or receives information about a potential violation of this policy or WIOA, the provider would receive written notification with a copy to the Local ETPL Coordinator, if they have provided the original preliminary eligibility approval. This notification will specify the suspected violation, which will fall under one (1) of two (2) levels of violations explained below:
Level One (1) Violations
The training provider and/or program(s) no longer meets the eligibility criteria;
The training provider has not demonstrated a good faith effort in providing the eligible training provider’s associated program(s)’ required performance data in IWDS 2.0;
The training provider has chosen to end the training program prior to its scheduled end date, and/or
The eligible training provider goes out of business.
Level Two (2) Violations
The training provider intentionally supplied inaccurate information in its application for initial or continued eligibility; and/or
The training provider substantially violated any requirement under WIOA Title I, including, but not limited to, the WIOA regulations and policies. Examples may include, but are not limited to:
Providers that fail to demonstrate the business capacity or integrity to successfully deliver training; and/or
The training provider or its top-level leadership (e.g., owner, CEO, Director, etc.) is under investigation by any federal, state, or local agency, and/or is involved in a civil or criminal court case related to the operation of the institution; and/or for cause. “For cause” will include, but not be limited to, engaging in fraud or other criminal acts, incapacity, unfitness, neglect, incompetence, irresponsibility, misfeasance, malfeasance, or nonfeasance. See the Resource tab for more information.
The State ETPL Coordinator must inform the training provider in writing of the reason(s) for the revocation and provide information on the appeal process within fifteen (15) calendar days of the determination to revoke the training provider and/or training program(s) eligibility.
The training provider will have seven (7) calendar days from the date of receipt to provide a written response to the State ETPL Coordinator’s violation notification.
Based on the response provided by the training provider, the State ETPL Coordinator will determine whether an investigation is warranted.
If the training provider’s response resolves the concerns stated in the violation notification, the State ETPL Coordinator will work with the training provider and/or the Local ETPL Coordinator to address any outstanding issues.
If the training provider’s response does not resolve the concerns stated in the violation notification, an investigation will be initiated, and the training provider may be placed on a temporary revocation while the investigation is pending. During this time, the training provider and its program(s) will no longer be available for enrollment of new customers, pending the conclusion of the investigation. Note that investigations may be conducted by the Department or other State of Illinois or federal government agencies.
If the investigation determines:
The training provider has not violated this policy and/or substantially violated the tenets of WIOA, the temporary revocation will be lifted (if applicable), and new customers will be allowed to choose their training program(s).
The training provider and/or its program(s) has violated this policy and/or substantially violated the tenets of WIOA, the training provider and its program(s) will be revoked from the ETPL, and the State ETPL Coordinator will discuss plans with the Local ETPL Coordinator to allow customer(s) to continue in the program or be removed.
The training provider may appeal this revocation decision by following the procedures outlined in the Notification of Final Determination of Denial or Revocation and Appeal Procedures for Training Providers section of this policy.
If a training provider or its program(s) is revoked for Level One (1) Violations defined above, it must remain off the list for at least one (1) year and can reapply after that time using the process for initial eligibility described above.
If a training provider or its program(s) is revoked for Level Two (2) Violations defined above, it will be terminated for two (2) years, at which time the training provider may reapply using the process for initial eligibility described above. In addition, it may also result in:
The eligibility of the training provider not receiving additional WIOA funds;
Disallowed costs may be recovered; and/or
The State of Illinois or LWIB may take other action as appropriate.
Any application for eligibility of a training provider or training program(s), which are submitted following revocation under either Level One (1) or Level Two (2), must be accompanied with a detailed description of the steps taken to resolve all concerns outlined in the prior revocation letter.
The Local ETPL Coordinator must inform the State ETPL Coordinator if they identify or suspect actions or situations that might warrant consideration for revocation.
The State of Illinois reserves the right to immediately revoke a training provider and its program(s) if there is a situation involving imminent health or safety concerns or the imminent loss of funds exceeding an amount larger than $50,000.