California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 2 - JOB TRAINING PARTNERSHIP ACT COMPLAINTS › Article 1 - GENERAL PROVISIONS › Section 4501-1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Audit
						  complaint" means a written expression by a party appealing an audit
						  disallowance and/or investigation, and monitoring findings issued by the EDD or
						  by the service delivery area. An "audit complaint" may be in response to
						  administrative and/or financial/monetary sanctions resulting from monitoring,
						  investigations or audits. All complaints, amendments and withdrawals shall be
						  in writing.
(b) "Complaint (or
						  Complaints)" includes both policy and audit complaints.
(c) "Compliance Review Division" is the
						  organization within EDD which oversees the administrative resolution of policy
						  complaints and audit complaints.
(d) "Days" means consecutive calendar days,
						  including weekends and holidays.
(e) "Hearing Officer" means an impartial
						  person or group of persons. Hearing officers may be selected from among the
						  staff of offices which will not be directly affected by or will not implement
						  the decision in the specific matter, such as legal offices or personnel
						  department of municipalities, counties or the State.
(f) "JTPA" means the federal Job Training
						  Partnership Act, Title 29, United States Code, Sections
						  1501 through
						  1792 b, nonconsecutive.
(g) "Policy Complaint" means a written
						  expression, appealing other than an audit disallowance, by a party alleging a
						  violation of the JTPA, the regulations promulgated under the JTPA, recipient
						  grants, subagreements, or other specific agreements under the JTPA, including
						  terms and conditions of participant employment. All complaints, amendments, and
						  withdrawals shall be in writing.
(h) "Service delivery area" includes the
						  service delivery area administrative entity and its subrecipients to whom the
						  administrative entity has delegated the complaint resolution process.
(i) "Service Provider" means a JTPA public
						  agency, private nonprofit organization, or private-for-profit entity that
						  delivers educational, training, employment or supportive services to JTPA
						  participants.
(j) "State Review
						  Panel" is an entity within the EDD composed of a representative of the EDD's
						  Compliance Review Division, the Legal Office, and the Director's Office. This
						  Panel shall review and approve or disapprove decisions and recommendations
						  regarding policy and audit complaints.
1. New
							 chapter 2 (articles 1-4, sections
							 4501-1 --4504-4), article 1
							 (sections 4501-1 --4501-2) and section filed
							 6-24-99 as an emergency; operative 6-24-99 (Register 99, No. 26). A Certificate
							 of Compliance must be transmitted to OAL by 10-22-99 or emergency language will
							 be repealed by operation of law on the following day.
2. Certificate
							 of Compliance as to 6-24-99 order transmitted to OAL 10-21-99; disapproved by
							 OAL and order of repeal as to 6-24-99 order filed on 12-7-99 (Register 99, No.
							 50).
3. New chapter 2 (articles 1-4), sections
							 4501-1 --4504-4), article 1
							 (sections 4501-1 --4501-2) and section filed
							 12-8-99 as an emergency; operative 12-8-99 (Register 99, No. 50). A Certificate
							 of Compliance must be transmitted to OAL by 4-6-2000 or emergency language will
							 be repealed by operation of law on the following day.
4. Certificate
							 of Compliance as to 12-8-99 order, including amendment of subsections (a), (e)
							 and (h) and amendment of NOTE, transmitted to OAL 2-24-2000 and filed 4-6-2000
							 (Register 2000, No. 14).
Note: Authority cited: Sections
								305,
								306
								and
								15051,
								Unemployment Insurance Code. Reference: Job Training Partnership Act, Title 29,
								United States Code, Sections
								1554 and
								1574(b); and
								Title 20, Code of Federal Regulations, Sections
								626.5,
								627.481(c) and
								627.500 through
								627.503.