Page:United States Statutes at Large Volume 106 Part 3.djvu/971

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PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2765 the employer is notified of the disapproval. In determining whether any such rate is disproportionately low because of such deficiencies, such official shall take into account appropriate data, including— (A) the quarterly data provided by the Secretary of Labor with respect to the number of eligible persons who receive coimseling in connection with training under this subtitle, are referred to emploi^ers under this suotitle, participate in job training under tms subtitle, and complete such training or do not complete such training, and the reasons for noncompletion; and (B) date compiled through the particular employer's compliance surveys. (2) With respect to a disapproval under paragraph (1), the implementing official shall provide to the emplover concerned the kind of statement, opportunity for hearing, and notice described in subsection (a). (3) A disapproval under paragraph (1) shall remain in effect until such time as the implementing official determines that adequate remedial action has oeen taken. SEC. 4491. INSPECTION OF RECORDS; INVESTIGATIONS. (a) RECORDS. — The records and accounte of employers pert€iinin^ to eligible persons on behalf of whom assistance has been paid under this subtitle, as well as other records that the implementing official determines to be necessary to ascertain compliance with the requiremente established under this subtitle, shall be available at reasonable times for examination by authorized representatives of the Federal Government. (b) COMPLIANCE MONITORING.— Such official may monitor employers and eli^ble persons participating in programs of job training under this subtitle to determine compliance with the requirements established under this subtitle. (c) INVESTIGATIONS.—Such official may investigate any matter such official considers necessary to determine compliance with the requiremente established under this subtitle. The investigations authorized by this subsection may include examining records (including making certified copies of records), questioning employ- ees, and entering into any premises or onto any site where any part of a program of job training is conducted under this subtitle, or where any of the records of the employer offering or providing such program are kept. (d) DEPARTMENT OF LABOR. —Fimctions may be administered under subsections (b) and (c) in accordance with an a^eement between the Secretary and the Secretary of Labor providing for the administration of such subsections (or any portion of such subsections) by the Department of Labor. Under such an agreement, any entity of the Dep£utment of Labor specified in the agreement may administer such subsections. SEC. 4492. COORDINATION WITH OTHER PROGRAMS. (a) VETERANS EDUCATION PROGRAMS.—(1) Assistance may not be paid under this subtitle to an employer on behalf of an eligible person for any period of time described in paragraph (2) and to such eligible person under chapter 30, 31, 32, 35, or 36 of title 38, United States Code, or chapter 106 of title 10, United States Code, for the same period of time. (2) A period of time referred to in paragraph (1) is the period of time beginning on the date on which the eligible person enters