New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 21 - WORKFORCE INNOVATION AND OPPORTUNITY ACT GRIEVANCE AND COMPLAINT RESOLUTION PROCEDURES › Section 11.2.21.11 - LOCAL AND STATE WIOA COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Program complaints against local
				WIOA programs and policies.
(1)
Who may file.
Applicants, participants, service providers,
				recipients and other interested parties may file a complaint alleging a
				non-criminal violation of local WIOA programs, agreements or the local
				workforce development board's policies and activities.
(2)
Time and place for filing.
Local program complaints shall be filed with the local administrative entity or
				one-stop operator within one year from the date of the event or condition that
				is alleged to be a violation of WIOA.
(3)
Initial review.
(a) Written complaints will be taken by the
				local administrative entity or one-stop operator from the complainant or the
				complainant's designated representative. All complaints will be
				logged.
(b) If the complaint
				alleges a violation of any statute, regulation, policy, or program that is not
				governed by WIOA, the complaint will be referred to the appropriate
				organization for resolution. Notice of the referral will be sent to the
				complainant.
(c) A complaint file
				will be established that contains: all application and enrollment forms, if
				appropriate; the complete statement and form; chronological log of events;
				relevant correspondence; and a record of the resolution attempted.
(4)
Informal
				resolution.
An attempt should be made to informally resolve the
				complaint to the satisfaction of all parties. This informal resolution process
				shall be completed within 10 calendar days from the date the complaint was
				filed. If all parties are satisfied, the complaint is considered resolved. The
				terms and conditions of the resolutions shall be documented in the complaint
				file.
(5)
Formal
				resolution.
When no informal resolution is possible, the local
				administrative entity or one-stop operator will forward the complaint and a
				copy of the file to the NMDWS WIOA administrator to review the complaint file,
				conduct a further investigation, if necessary, and issue a determination within
				20 calendar days from the date the complaint was filed.
(6)
Appeal.
(a) Any party dissatisfied with the formal
				resolution determination, or any party who has not received a determination or
				a formal resolution within 20 calendar days from the date the complaint was
				filed, may file an appeal. An appeal shall be filed with the department of
				workforce solutions within 90 calendar days from the date the complaint was
				originally filed.
(b) The NMDWS
				WIOA administrator will review the record and issue a decision on appeal within
				30 calendar days from the date the appeal was received by the state
				administrative entity.
(c) Any
				party dissatisfied with the decision on appeal of the NMDWS WIOA administrator
				may request a hearing within 10 calendar days from the date of the decision.
				NMDWS will schedule the hearing and forward the complaint to the NMDWS hearing
				officer. The NMDWS WIOA administrator will monitor the processing of the
				complaint.
(7)
Hearing.
The NMDWS hearing officer will schedule a formal hearing
				by written notice mailed to all interested parties at least seven calendar days
				prior to the hearing. The notice will include the date, time, and place of the
				hearing. The hearing shall be conducted within 45 calendar days from the date
				the complaint was filed. Parties may present witnesses and documentary evidence
				and question others who may present evidence and witnesses. Parties may be
				represented by an attorney or another designated representative, and may
				request that records and documents be produced. All testimony will be taken
				under oath or affirmation. The hearing will be recorded. The hearing officer's
				recommended resolution will include a summary of factual evidence given during
				the hearing and the conclusions upon which the recommendation is
				based.
(8)
Final
				decision.
The NMDWS WIOA administrator will review the recommendation of
				the hearing officer and will issue a final decision within 60 calendar days
				from the date the complaint was filed.