5101:9-2-03 Workforce Investment Act (WIA) : programmatic complaints.

(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 workforce development agencies.

(2) "Service provider" refers to entities and individuals providing services directly to WIA participants, such as approved educational institutions and those providing skill training to WIA participants/applicants. Service provider does not include an unsuccessful bidder on a contract to provide software or other services directly to the workforce development agency or local workforce investment area, as these types of contract disputes are subject to government procurement requirements and the contract protest process.

(3) "Workforce development agency" means the entity given responsibility for workforce development activities that is designated by the board of county commissioners, the chief elected official of a municipal corporation, or the chief elected officials of a local area.

(4) "Workforce development agency contractor" means any governmental or non-governmental entity that receives funds from the workforce development agency, whether directly or indirectly, to provide services, assistance, or benefits to individuals or that performs duties or activities for the workforce development agency pursuant to a contract, grant, or other agreement.

(B) Delegation of authority

For purposes of administration of this rule, there are two distinct levels of responsibility: the Ohio department of job and family services (ODJFS) and the workforce development agency.

(1) The ODJFS bureau of civil rights (ODJFS-BCR) is responsible for reviewing all appeals regarding programmatic complaints.

(2) The workforce development agency is responsible for:

(a) Developing a complaint procedure to ensure that the workforce development agency and the workforce development agency contractors comply with this rule and all applicable civil rights laws, rules, and regulations ; and

(b) Providing notice of the right to file a programmatic complaint with the workforce development agency.

(C) Programmatic complaints

(1) Any person may file a programmatic complaint alleging any violation of the WIA, other than discrimination, within one year from the date of the incident or alleged violation. Programmatic complaints shall be be filed with the workforce development agency. Assistance in drafting and filing complaints shall be made available by the workforce development agency. A programmatic complaint is deemed filed when the workforce development agency receives a written statement sufficiently precise to identify the parties and to describe generally the action or practices for which there is a complaint. Any programmatic complaint first filed with the ODJFS-BCR shall be remanded to the appropriate workforce development agency for investigation and, where necessary, a formal hearing.

(2) Programmatic complaints shall be investigated first by the workforce development agency. When informal resolution efforts have been unsuccessful, the complainant shall be offered the opportunity for a hearing within sixty days from the date of filing of the complaint.

Any programmatic complaint filed with a workforce development agency shall contain the following information:

(a) The full name and address of the person making the complaint ;

(b) The full name and address of the covered entity against whom the complaint is made ; and

(c) A concise statement of the facts that the complainant believes indicate an alleged violation of laws, regulations, or policies.

(D) Appeals

(1) Any beneficiary may file an appeal of his or her hearing decision from a workforce development agency involving a programmatic complaint with the ODJFS-BCR. Appeals must be filed within ten days from the date of receipt of the workforce development agency hearing decision. The appeal must set forth the specific reasons why an appeal is being filed and the relevant portion or portions of the workforce development agency hearing decision that form the basis of the appeal. In the event of an appeal to the ODJFS-BCR, the workforce development agency shall forward the hearing decision, complaint, and all records related to the hearing and complaint to the ODJFS-BCR within five business days of the notification of the appeal. The workforce development agency may make a written request to the ODJFS-BCR for an extension of time to produce the record, and such request may be granted at the sole discretion of the ODJFS-BCR upon good cause shown.

(2) The ODJFS-BCR shall conduct a review of the findings of the workforce development agency. The ODJFS-BCR shall only reverse the workforce development agency hearing decision if the workforce development agency'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.

(E) Remedial action

A workforce development agency or workforce development agency contractor found to be in violation of this rule shall be notified in writing by the ODJFS-BCR within thirty days after completion of the investigation or review. Any action taken by ODJFS to bring the workforce development agency into compliance with this rule shall be done pursuant to section 5101.241 of the Revised Code. Examples of remedial action include, but are not limited to , corrective action plans or the withholding of funds. The workforce development agency is responsible for compliance by the workforce development agency contractors. ODJFS may take action against the workforce development agency pursuant to section 5101.241 of the Revised Code if the workforce development agency fails to obtain compliance by the workforce development agency contractor.

Effective: 01/01/2011
Promulgated Under: 111.15
Statutory Authority: 121.07 , 5101.02
Rule Amplifies: 121.07 , 5101.02
Prior Effective Dates: 10/15/01, 9/23/06