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

Universal Citation: 11 NM Admin Code 11.2.21.11

Current through Register Vol. 35, No. 18, September 24, 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.

B. Program complaints against state 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 statewide WIOA policies, activities, or agreements.

(2) Time and place for filing. Statewide program complaints shall be filed with the NMDWS WIOA administrator 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 from the complainant or the complainant's designed representative. All complaints will be logged.

(b) When the complaint alleges a violation of local WIOA programs, policies, or agreements, the complaint will be referred to the local administrative entity for processing under the complaint procedures for program complaints against local WIOA programs. If the complaint alleges a violation of any statute, regulation, policy or program that is not part of WIOA, the complaint will be referred to the appropriate organization. Notice of the referral will be sent to the complainant.

(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 and the terms of the conditions of the resolution shall be documented in the complaint file.

(5) Formal resolution.
(a) When no informal resolution is possible, the NMDWS WIOA administrator will forward the complaint together with a copy of the complaint file to the NMDWS hearing officer who will 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. If further review of the determination is not requested, the complaint is considered resolved and the resolutions should be documented in the complaint file.

(b) Any party dissatisfied with the determination may request a hearing within 10 calendar days of the date of determination. NMDWS will schedule the hearing and forward the program complaint to the NMDWS hearing officer for resolution. The NMDWS WIOA administrator will monitor the processing of the complaint.

(6) 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.

(7) 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.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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