§ 838. Substate grantees. 1. Substate grantees shall be designated on\na biennial basis through agreement between the governor, local elected\nofficials and private industry councils pursuant to the act.\n (a) preference for selection shall be given to those entities which\nhave demonstrated fiscal and administrative capability to directly\nadminister basic readjustment and retraining services and provide\nsupport services or have demonstrated the administrative capacity to\ncontract out for such services.\n (b) entities eligible for selection as substate grantees must\ndemonstrate the capacity to administer the required services either\ndirectly or by contract continuously through the period covered by the\nsubstate plan, and include:\n (i) private industry councils in the substate area;\n (ii) service delivery area grant recipients or administrative\nentities;\n (iii) private nonprofit organizations;\n (iv) units of general local government in the substate area or\nagencies thereof;\n (v) local offices of state agencies; and\n (vi) other public agencies, such as community colleges and area\nvocational schools.\n 2. Substate grantees shall administer substate activities as defined\nin subdivision two of section eight hundred thirty-nine of this article.\n 3. The state shall establish procedures to review the designation of\nsubstate grantees on a biennial basis. Such procedures shall include the\nuse of evaluation data defined in section eight hundred forty-nine of\nthis article.\n
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