Current through all regulations passed and filed through March 18, 2024
(A) Definitions as
used in this rule.
(1) "Beneficiaries" means
applicants, registrants, participants, recipients, subrecipients, service
providers, labor unions, joint labor management committees, and community-based
organizations for services, assistance, and other benefits administered by
local workforce development areas.
(2) "Service provider" refers to entities and
individuals providing services directly to WIOA participants, such as approved
educational institutions and those providing skill training to WIOA
participants/applicants. Service provider does not include an unsuccessful
bidder on a contract to provide software or other services directly to the
local workforce development area, as these types of contract disputes are
subject to government procurement requirements and the contract protest
process.
(3) "Local workforce
development area" has the same meaning as "local area," which is
defined in WIOA section 3(32) as a local workforce development area designated
under WIOA section 106.
(4) "Local
workforce development area contractor" means any governmental or
non-governmental entity that receives funds from the local workforce
development area, whether directly or indirectly, to provide WIOA-funded
services, assistance, or benefits to individuals or that performs duties or
activities for the local workforce development area pursuant to a contract,
grant, or other agreement.
(5)
"Days,"
wherever used in this rule, shall mean calendar days, unless otherwise
expressly stated.
(6) "Informal
conference" means a meeting facilitated by the local workforce development
area, during which the facts and circumstances attending a complaint are
examined, in an effort to informally resolve the complaint.
(7) "Local hearing" means a quasi-judicial
forum convened and presided over by the local agency hearing officer.
(B) Requirement for local and
state grievance procedures.
(1) The local
workforce development area is responsible for:
(a) Developing a complaint procedure to
ensure that the local workforce development area and its contractors comply
with this rule and all applicable WIOA-related laws, rules, and regulations;
and
(b) Providing notice to
workforce participants, service providers and other beneficiaries of the right
to file a programmatic complaint with the local workforce development
area.
(c) Assisting the complainant
in drafting and filing complaints, upon request and whenever needed, through
the local workforce development area's equal opportunity officer.
(d) Follow through with the Ohio department
of job and family services, office of workforce development's (OWD's) final
decision, including corrective actions and due dates, as instructed in the
decision.
(2) OWD is
responsible for reviewing all appeals of programmatic complaints.
(C) Programmatic complaints.
(1) A beneficiary who wishes to file a
programmatic complaint alleging any violation of WIOA, other than
discrimination, shall first file the complaint with the local workforce
development area. All such complaints shall be filed within three hundred
sixty-five days of the date of the incident or violation that caused the
dispute.
(2) A programmatic
complaint is deemed filed when the local workforce development area receives a
written statement with sufficient details to identify the parties and to
describe generally the alleged action(s), practice(s), or violation(s) that led
to the filing of the complaint.
(3)
Programmatic complaints shall be investigated first by the local workforce
development area. If a satisfactory resolution is not reached through the
informal conference, the complainant shall be offered the opportunity for a
local hearing. The investigation, opportunity for informal resolution and, if
requested, local hearing and hearing decision, shall all be completed within
sixty days of the date of the filing of the complaint.
(4) Any programmatic complaint that is filed
with the state before it is first filed with the local area and afforded a full
opportunity for resolution through the local complaint process, shall be
remanded by the state to the appropriate local workforce development area for
investigation, informal resolution and, when necessary, local
hearing.
(D) Appeals.
(1) First level appeal to OWD.
(a) Whichever party, whether the complainant
or the respondent, is adversely affected by the local workforce development
area's decision regarding a programmatic complaint, may file an appeal with
OWD. Appeals must be filed within ten days from the date of receipt of the
local workforce development area hearing decision. The appeal must set forth
the specific reasons why an appeal is being filed and the relevant portion or
portions of the local workforce development area hearing decision that form the
basis of the appeal. In the event of an appeal to OWD, the local workforce
development area shall forward the hearing decision, complaint, and all records
related to the hearing and complaint to OWD within five business days of the
notification of the appeal. The local workforce development area may make a
written request to OWD for an extension of time to produce the record, and such
request may be granted at the sole discretion of OWD upon good cause
shown.
(b) OWD shall conduct a
review of the findings of the local workforce development area. OWD shall only
reverse the local workforce development area hearing decision if the local
workforce development area's findings are found to be arbitrary and not
supported by the evidence or the law. The complainant and respondent shall be
advised of the results of the appeal, not later than sixty days after the
receipt of the appeal.
(2) Second level appeal to U.S. department of
labor.
Whichever party is adversely affected by OWD's decision,
whether the complainant or the respondent, may appeal to the department of
labor, as described in section 181(c) of WIOA. The appellant shall file the
appeal request with the "U.S. Department of Labor Secretary" by certified mail,
return receipt requested. The appellant shall also send a copy of the appeal by
U.S. mail to the:
(a) "Employment and
Training Regional Administrator," and
(b) "Ohio Department of Job and Family
Services, Office of Workforce Development."
(E) Remedial action.
A local workforce development area or local workforce
development area contractor found to be in violation of this rule shall be
notified in writing by OWD within thirty days of the date of completion of the
investigation or review. Any action taken by ODJFS to bring the local workforce
development area into compliance with this rule shall be done pursuant to
section
5101.241
of the Revised Code or other applicable federal or state laws. Examples of
remedial action include, but are not limited to, corrective action plans or the
withholding of funds. The local workforce development area is responsible for
ensuring that its contractors are in compliance with this rule. ODJFS may take
action against the local workforce development area for any compliance
violations on the part of the local area's contractors.
(F) To the extent a local workforce
development area chooses to participate in the comprehensive case management
and employment program (CCMEP) and any provision in this rule conflicts with
rule
5101:6-10-01
of the Administrative Code, the provisions in rule
5101:6-10-01
of the Administrative Code shall govern, unless the CCMEP youth participant
receives an Ohio works first (OWF) sanction termination notice as described in
rule
5101:1-3-15
of the Administrative Code. In the event a CCMEP youth participant receives an
OWF sanction termination notice, and disagrees with the proposed action, the
youth may request a state hearing in accordance with rule
5101:6-3-01
of the Administrative Code.