New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 42 - WORKFORCE INVESTMENT ACT RULES
Subchapter 1 - WORKFORCE INVESTMENT ACT WIA: NON-CRIMINAL COMPLAINT/GRIEVANCE, HEARING AND REVIEW PROCEDURES AT THE LOCAL AREA, STATE AND FEDERAL LEVEL
Section 12:42-1.4 - Grievance and hearing procedures at the local area level
Universal Citation: NJ Admin Code 12:42-1.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The grievance and hearing procedures at the local area level shall contain, at a minimum, the following requirements:
1. Upon a participant's
enrollment into a WIA program, the local area shall provide the participant with a
written description of the grievance and hearing procedures which shall include the
requirements set forth in (a)4 through 7 below. The local area shall also provide
local recipients with these procedures no later than the date of execution of the
contract or individual training account between the local area and the local
recipient. The local area shall also provide a written description of the grievance
and hearing procedures to all complainants at the time a complaint is
filed.
2. The local area shall maintain
evidence that the grievance and hearing procedures have been provided to
participants, local recipients, and complainants as required in (a)1
above.
3. The grievance and hearing
procedures shall provide that the identity of any person who has furnished
information relating to, or assisting in, an investigation of a possible violation
of the WIA shall be kept confidential to the extent possible, consistent with a fair
determination of the issues.
4. The
local area may provide for an informal resolution of a complaint/grievance which, if
provided, shall be completed prior to the hearing date.
5. The local area shall provide for the completion
of the hearing and a written decision on a complaint/grievance to be conducted in
the locale of the complainant within 60 days of the filing of the grievance or
complaint.
6. The local area shall
provide participants and local recipients with the name, address and telephone
number of the local official to whom complaints and grievances can be
directed.
7. At a minimum, the local
area shall also provide participants and local recipients with the following:
i. A written notice of the date, time and place of
the hearing;
ii. An opportunity to be
represented by an attorney or other representative of the complainant's
choice;
iii. An opportunity to present
witnesses and documentary evidence. Local area recipients and other subrecipients
shall cooperate in making available to testify any persons under their control or
employ, if such persons are requested to testify by the complainant, and to release
requested documents unless privacy laws and other laws intervene to take
precedence;
iv. An opportunity to
question any witnesses or parties;
v. An
impartial hearing;
vi. A verbatim
transcript or tape recording of the hearing;
vii. Written notice that the complainant is
entitled to a hearing and that a written decision shall be made by the hearing
officer or designated representative of the local area within 60 days of the filing
of the complaint/grievance;
viii.
Written notice that the complainant has a right to appeal to the Commissioner if the
decision is adverse or is not made within 60 days of the filing of the
complaint;
ix. The name and address of
the State agency to whom the appeal is to be addressed and other information needed
to file the appeal with the State;
x.
Written notice that the complainant must file the appeal with the Director within 30
days of receiving the adverse decision or the date the decision should have been
made;
xi. Written notice that the
complainant may submit a complaint alleging violations of 29 U.S.C. § 2931(b)
labor standards to the Secretary of Labor when the complainant has exhausted the
local and State grievance and hearing procedures, or when the 60 day time period
specified for reaching a decision has elapsed without a decision. The complainant
shall also be informed that he or she has a right to submit the complaint to binding
arbitration if a collective bargaining agreement covering the parties to the
grievance so provides;
xii. Written
notice that when a decision is made at the State level regarding an appeal of a
determination made at the local area level, the party to which the decision is
adverse may appeal to the Secretary;
xiii. Written notice of the appeal procedures at
the State level contained at
12:42-1.5; and
xiv. Written notice that the complainant must
exhaust the remedies at each level prior to making an appeal to the next higher
level.
8. The local area may
require the complainant to notify it when an appeal is made to the State or to the
United States Department of Labor.
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