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 12:42-1.7 - Review procedures for matters before the State Board

Universal Citation: NJ Admin Code 12:42-1.7

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Any unit or combination of units of general local government or a rural concentrated employment program grant recipient (as described at 29 U.S.C. § 2831(a)(2)(B)) that requests, but is not granted, automatic or temporary and subsequent designation as a local workforce investment area pursuant to 29 U.S.C. § 2831(a)(2) or 2831(a)(3) may submit to the State Board an appeal of such an action. All appeals must be submitted in writing.

(b) Upon receipt of the written appeal, the agency shall provide the appellant with the opportunity to present documentary evidence. The agency shall review the documentary evidence presented by the appellant and shall request any additional information or conduct any investigation necessary to render a decision.

(c) The agency's decision shall be based on the written record and rendered within 20 days after receipt of the request for review. The decision shall advise the parties of the right to an impartial hearing.

1. The agency shall offer the parties the opportunity to resolve the complaint informally prior to rendering a decision based on the written record.

(d) If the decision of the agency is adverse to the appellant, or the decision is not made within 20 days, the appellant may request an impartial hearing.

1. The request for an impartial hearing shall be submitted in writing to the State Board within 10 days of receipt of the adverse decision or 35 days from the date upon which the Board received the request for review, whichever is sooner.

(e) Upon receipt of the request for a hearing, the State Board shall transmit the matter to the Office of Administrative Law for hearing, pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Following the issuance of an Initial Decision by the Office of Administrative Law, the State Board shall render a written final administrative determination in the matter.

(f) If the appeal to the State Board does not result in designation as a local workforce investment area, the appellant may request review by the Secretary under 20 C.F.R. 667.645.

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