Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2610 - TRAINING SERVICES FOR THE DISADVANTAGED › Section 2610.110 - Complaint Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Grievance procedures shall be established in accordance with
				Section 144 of the Act, and 20 CFR 629.52 - 629.53 (revised as of April 1,
				1990). These procedures will be referred to as "Complaint Procedures".
a) Grantees under the Act shall maintain a
			 complaint procedure for resolution of any grievance or complaint about its
			 programs and services from applicants, participants, subgrantees,
			 subcontractors, staff and other interested persons.
b) All persons who are program applicants,
			 participants or staff under the Job Training Partnership Act (JTPA), all
			 contractors and grantees, and subrecipients thereof, of JTPA funds, and all
			 interested persons shall be afforded the opportunity to resolve, by means of an
			 administrative process, any alleged violation of the Act, federal regulations
			 promulgated pursuant thereto, any grant, contract or other agreement entered
			 into pursuant to the Act. Various types of complaints, as outlined in
			 subsections (b)(1), (2), and (3), may be filed. Time limits are measured in
			 calendar weeks (seven consecutive days). A time limit begins when the person
			 responsible for a specific step receives the necessary information regarding
			 the complaint. Time limits have been established to ensure both expeditious
			 resolution of complaints, and to provide the necessary time for adequate review
			 of all appropriate material. Should an aggrieved person(s) or entity neglect to
			 adhere to the time requirements set throughout this procedure, the aggrieved
			 party(ies) are considered to have abandoned their complaint and the matter
			 shall be considered resolved. In turn, failure by management to render a
			 decision within the allotted time at any step constitutes denial and the
			 complainant may proceed to the next step.
1)
			 Civil Rights Complaints - If a complaint concerns civil rights discrimination
			 on the basis of race, color, national origin, age, sex, religion, political
			 affiliation or belief, or, as appropriate, citizenship, as defined by Section
			 2610.120(b)(1),
			 the complaint shall be filed with the U.S. Department of Labor (DOL),
			 Directorate of Civil Rights (DCR) (200 Constitution Avenue, N.W., Room N4123,
			 Washington, D.C. 20210) under the appropriate equal opportunity and
			 nondiscrimination requirements applicable to the Act. Complaints must be filed
			 not later than one hundred eighty (180) days from the date of alleged
			 discrimination. In complaints of this nature, no entity shall attempt to
			 prevent or dissuade the complainant from filing such a complaint and no attempt
			 shall be made to informally resolve the complaint (
			 29 CFR
			 31.7, revised as of July 1, 1989).
2) Handicap Complaints - If, however, a
			 complaint alleges discrimination on the basis of handicap, as defined by
			 Section
			 2610.120(b)(3) and
			 (6), the complaint shall be filed with the
			 Department. Complaints alleging discrimination on the ground of handicap in
			 violation of Section 167 of the Act shall be filed and processed under the
			 procedures outlined in the DOL's current regulations implementing Section 504
			 of the Rehabilitation Act of 1973 at
			 29 CFR 32.45
			 (revised as of July 1, 1989). Complaints filed with the Department must be
			 filed no later than one hundred eighty (180) days from the date of alleged
			 discrimination. If the complaint is not ameliorated to the complainant's
			 satisfaction under the state's complaint procedure within sixty (60) days from
			 the date of filing, the complainant, or his or her representative, may request
			 to have the complaint independently reviewed through an independent state
			 review. An Independent State Review is a process in which testimony, hearing
			 documents, and other applicable records are reviewed by an Independent Review
			 Officer when an appeal is made after the State level hearing. The Independent
			 Review Officer shall be an attorney licensed to practice law in Illinois under
			 Article VII of the Illinois Supreme Court Rules. In complaints of this nature,
			 no entity shall attempt to prevent or dissuade the complainant from filing such
			 a complaint.
3) Other Complaints -
			 Complaints of any other nature, not related to civil rights discrimination or
			 handicap discrimination, shall be filed at the local level within one year of
			 that alleged occurrence (see Section 144(a) of the Act). However, this one-year
			 limitation does not apply if the complaint concerns fraud or criminal activity,
			 which must be reported directly and immediately to the DOL ( 20 CFR 629.55,
			 revised as of April 1, 1990). All persons who are program applicants,
			 participants and staff under JTPA, all contractors and grantees, and
			 subrecipients thereof, of JTPA funds, and all interested persons shall be
			 afforded the opportunity to resolve by means of administrative process any
			 alleged violation of the Act, federal regulations promulgated pursuant thereto,
			 any grant, contract or other agreement entered into pursuant to the
			 Act.