Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.002 - Filing Grievances and Complaints

Current through Reg. 50, No. 138; July 16, 2024
(1)
				This rule shall apply to the filing of grievances related to the Wagner-Peyser
				(WP), Welfare-to-Work (WtW), Welfare Transition (WT), and WIA programs, except
				that grievances alleging discrimination, employment, and health and safety
				violations shall be filed or mailed directly to the appropriate federal agency
				as allowed by federal regulation. The addresses of the federal agencies are
				found in rule  73B-1.017, F.A.C. A copy of the
				complaint or alleged violation report shall also be mailed to the Department of
				Economic Opportunity (DEO), Office of General Counsel, The Caldwell Building,
				MSC #110, 107 E. Madison Street, Tallahassee, Florida 32399-4128.
				Alternatively, the original complaint may be filed with DEO at the foregoing
				address. Upon receipt, DEO shall forward the complaint to the proper federal
				agency. Notwithstanding the foregoing, WtW participants in work activities may
				file grievances regarding health and safety violations and gender
				discrimination complaints, with the appropriate RWB or DEO. Such WtW grievances
				will be processed in accordance with the RWB or state procedure.
(2) Any participant or other interested party
				adversely affected by a decision or action within the local workforce system,
				including decisions by One-Stop partners and service providers, has the right
				to file a grievance and complaint with the regional workforce board
				(RWB).
(3) TANF cash assistance
				eligibility or benefit entitlement grievances and complaints shall be filed
				with the local Department of Children and Families (DCF) office, the state
				agency responsible for the administration of the cash assistance part of
				TANF.
(4) Grievances and complaints
				shall be filed at the State level only when based upon actions or decisions
				made by DEO, the State recipient and administrative entity. Any grievance and
				complaint filed with an inappropriate entity will be forwarded to the proper
				entity or agency for action. The sixty (60) day timeframe to handle the
				grievance will start upon receipt of grievance and complaint.
(5) A grievance or complaint may be filed by
				regular employees regarding displacement by a WIA, WT, or WtW program
				participant and by program participants regarding displacement. Displacement
				action prohibitions and available relief specifications are described in WIA at
				20 CFR
				667.270, in TANF at
				45 CFR
				261.70, and in WtW at  20 CFR
				645.265.
(6) All local workforce
				grievances and complaints shall be filed with the relevant regional workforce
				boards (RWBs) using their established procedures. The exception to this is the
				Job Corps grievances that are processed according to requirements of
				20 CFR
				670.990.
(7) DCF has assigned to WFI and DEO the
				responsibility for providing a grievance process for TANF participants when
				filing grievances related to the delivery of support services and benefits,
				including transitional benefits, that are related to work activities and are
				delivered within the context of the Workforce Innovation
				Act.
Rulemaking Authority
					 20.60,
					 120.54(6),
					 445.004 FS. Law Implemented
					 120.54(6),
					 445.023,
					 445.025,
					 445.028,
					 445.029,
					 445.030,
					 445.031,
					 445.032
					 FS.
New 4-3-02, Formerly
					 60BB-1.002.