Current through Register Vol. 56, No. 18, September 16, 2024
(a) If a participant,
local recipient or other interested persons affected by local Workforce Investment
programs does not receive a decision at the local area level within 60 days of
filing the complaint or if either party is dissatisfied with the local hearing
decision, either party may appeal to the State.
1.
A Notice of Appeal shall be filed within 30 days of receipt of the adverse decision
or the date on which the complainant and respondent should have received a
decision.
(b) Each appeal
shall be submitted to:
New Jersey Department of Labor and Workforce Development
Director, Division of One-Stop Coordination and Support
Workforce New Jersey
PO Box 055
Trenton, New Jersey 08625-0055
(c) Along with the Notice of Appeal, the appellant
shall simultaneously submit in writing the following information to the Director of
the Division of One-Stop Coordination and Support:
1. The full name, address, and telephone number of
person(s) making the complaint/grievance;
2. The full name and address of the respondent (if
any) against whom the complaint or grievance was made;
3. A clear and concise statement of the facts of
the grievance;
4. Pertinent dates,
including the date on which the grievance was filed at the local level, the date of
the alleged occurrence or act for which the complaint was filed and the date a
written decision was issued or should have been issued;
5. If applicable, citations to the provisions of
the WIA, the regulations promulgated in accordance therewith, or the agreements
entered thereunder, which are believed to have been violated;
6. A statement disclosing other steps pursued at
any level regarding the complaint/grievance in question; and
7. A copy of the local written decision if such
was rendered.
(d) Upon
receipt of the appeal and all pertinent information set forth in (c) above, the
Commissioner shall either:
1. Within 30 days,
issue a written decision accepting, rejecting or modifying the determination of the
local area based upon a review of the written record, where there has been a hearing
at the local level;
2. Within 30 days,
issue a written decision remanding the grievance or complaint to the local level for
further proceedings in accordance with
12:42-1.4; or
3. Within 10 days, transmit the matter to the
Office of Administrative Law for hearing as a contested case pursuant to the
Administrative Procedures Act (APA),
52:14B-1 et seq. and 52:14F-1 et seq.
and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
i. The hearing before the Office of Administrative
Law shall be completed within 60 days of the date upon which the Commissioner
received the appeal and all pertinent information set forth in (c) above.
ii. Upon transmittal of the matter to the Office
of Administrative Law, the Commissioner shall inform the Office of Administrative
Law of the date upon which the appeal and all pertinent information was
received.
(e) The
Commissioner's decision shall constitute the final administrative
determination.
(f) Appeals to the
Secretary of final Commissioner decisions under this section shall be made in
accordance with Federal review procedures set forth at
12:42-1.8.
