§ 846. Substate level activities. 1. (a) Grantees shall use funds\nallotted to them pursuant to section eight hundred forty-eight of this\narticle to provide to eligible dislocated workers the core functions of\nthe worker adjustment program, which include intake, assessment and\ncounseling, as well as basic readjustment and retraining services as\ndefined in section eight hundred thirty-five of this article, directly\nor by contract. Provided, however, that such grantees shall not be\nrequired by the department to contract with any specific provider for\nthe provision of such services.\n (b) Each substate grantee shall provide intake, counseling and\nassessment directly or by contract on an ongoing basis at a site or\nsites designated by the substate grantee to which all dislocated workers\nin the area have access. In addition, the substate grantee may make such\nservices available at the location of a plant closing or substantial\nlayoff.\n (c) Substate grantees shall require that all service providers\nselected by the substate grantee to receive funds allocated pursuant to\nsection eight hundred forty-eight of this article, other than vouchers\nfor training services given to program participants pursuant to\nsubdivision four of this section, shall provide a written plan which\nincludes: (i) the amount and purposes for which funding is requested;\n(ii) a description of the services to be provided, including the\nduration of service and the estimated service cost per recipient; (iii)\nprocedures for identifying and selecting participants and for\neligibility determination and verification; (iv) evidence that the\nproposed service program will provide appropriate assistance to\nrecipients seeking available private sector employment; (v) a\ndescription of other funding sources which may be used for such\nprograms; (vi) a description of steps the provider will take to avoid\nduplication of services available through existing resources; (vii) a\ndescription of the provider's coordination with programs and activities\nfunded through the job training partnership act or other state\nresources; (viii) procedures for advising the local private industry\ncouncil of the provider's proposal, including ways in which the provider\nintends to cooperate with the local private industry council; and (ix)\nsuch other information as may be required by the grantee.\n (d) The grantee shall select training providers and determine the\namount of monies available for each program. Selection considerations\nshall include: the provider's past effectiveness in delivering\nemployment or vocational training programs or other readjustment\nservices based on demonstrated performance; for training providers,\nability to provide participants with the skills necessary to fill\navailable jobs in the private sector; cost of the proposed program; the\nadministrative capability to operate such a program; fiscal\nresponsibility; for training providers, a record of job placement for\ncompleters which meets standards of acceptability established by the\ncommissioner for this purpose; the degree to which the provider has made\nprovisions for coordination with other services available under the job\ntraining partnership act and other state and federal programs; and such\nother factors as the grantee may determine. Funds provided pursuant to\nthis article shall not be used to duplicate facilities or services\navailable to the substate area from other federal, state or local\nsources.\n (e) Appropriate vocational and educational institutions in the\nsubstate area shall be accorded the initial opportunity to provide\neducational services unless the grantee determines that alternative\nentities would be more effective or would have greater potential to\nenhance participants' continued occupational and career growth.\n (f) Funds shall be made available to service providers through direct\ncontract between each such service provider and the grantee. The\ngrantee shall
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