Iowa Administrative Code › Agency 877 - Workforce Development Board and Workforce Development Center Administration Division › Chapter 12 - Iowa Job Training Partnership Program › Rule 877-12.20 - Sda Level Complaint Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) SDA grantee complaint procedures. Each
			 service delivery area (SDA) grantee shall establish procedures for resolving
			 any complaint by a participant, subgrantee, subcontractor and other interested
			 persons alleging a violation of the JTPA, regulations, grant or other
			 agreements under the JTPA by the SDA grantee, administrative entity, private
			 industry council, subgrantee or subcontractor. At a minimum, the SDA level
			 complaint procedure shall provide for:
a.
			 Resolution of any complaint, except discrimination complaints which shall be
			 resolved consistent with 12.19(5) and 12.21(4), alleging a violation of the
			 Act, federal regulations, JTPA administrative rules, grant or other agreements
			 under the Act;
b. Resolution of
			 complaints arising from actions such as audit disallowances or the imposition
			 of sanctions taken with respect to audit findings, investigations or monitoring
			 reports;
c. Filing of complaints
			 within one year of the alleged violation, except for allegations of fraud or
			 criminal activity and discrimination prohibited under the Act;
d. An opportunity for a hearing within 30
			 days of the date the complaint is filed;
e. Written notice of the date, time, and
			 place of the hearing;
f.An
			 opportunity to present evidence at the hearing;
g. Opportunity to have records or documents
			 relevant to the issues produced by their custodian when the records or
			 documents are kept by or for the SDA grantee or its subgrantees in the ordinary
			 course of business and where prior reasonable notice has been given to the
			 presiding officer;
h. A written
			 decision within 60 days of the date a complaint is filed;
i. A written explanation to all parties of
			 the right to request a review by the state of the complaint if a party receives
			 an adverse decision or if there is no final decision within the 60-day period.
			 Requests for review by the state must meet the requirements of
			 12.21(3);
j. If the state should
			 fail to issue a decision within 30 days of the filing of the request for state
			 review, a party may request from the Secretary of Labor a determination whether
			 reasonable cause exists to believe that the Act or regulations have been
			 violated. A request to the Secretary of Labor must be filed within 10 days of
			 the date a decision should have been issued by the state and conform to the
			 requirements of 29 CFR 629.52(d) as of October 7, 1980.
k. Upon enrollment, all participants must
			 receive a written description of the complaint procedures which they are to
			 follow. The description must include notification of the right to file a
			 complaint and instructions on how to do so;
l. If a person is not familiar with English,
			 a written or oral translation into a language understood by the individual must
			 be provided. If a person is illiterate or semiliterate, the person must be
			 advised of such right to the satisfaction of that person's
			 understanding;
m. During the
			 complaint process, each complainant and party must be notified in writing of
			 the next step in the complaint procedure;
n. A complaint log and a record of each
			 complaint filed must be maintained at the local level.