60BB-1.008. State Level Original Grievance and Complaint Hearing Process for WIA, WT and WtW Programs (Transferred)

(1) Any individual or entity, including the RWB, adversely affected by a decision or action by AWI may file a grievance or complaint. The grievance or complaint shall be filed with Agency for Workforce Innovation, Office of General Counsel, 107 E. Madison Street, MSC 110, Tallahassee, Florida 32399-4128.

(2) At the state level, the agency head or his or her designee is the presiding officer and shall conduct all hearings of original state level complaints.

(3) The agency head of the Agency for Workforce Innovation, or his or her designee, will hear initial complaints or grievances regarding actions taken or decisions made by the state administrative agency. Upon receipt, the state shall review and attempt to informally resolve the WIA, WT, and WtW grievance and complaint. The agency head or his or her designee will review the grievance and complaint and contact the grievant or complainant within five (5) working days of receipt of complaint. The agency head or designee shall contact the parties and proceed with the informal resolution process.

(4) If the grievance or complaint cannot be resolved informally, then the agency head or designee will act as presiding officer and hear the grievance or complaint.

(5) The hearing notice shall be provided at least fifteen (15) calendar days prior to the hearing and shall advise the following:

(a) The date, time, and place of the hearing;

(b) The pertinent sections of the WIA, WT, and WtW, or any other federal regulations involved;

(c) Affected parties may present witnesses or documentary evidence at the hearing;

(d) Affected parties may be represented at the hearing by an attorney or other representative; and

(e) The parties will receive the decision within sixty (60) calendar days from receipt of the grievance or complaint, except as prescribed in rule paragraph (7)(b) below.

(6) The hearing shall be conducted in compliance with model rules contained in Chapter 28-106, Parts I, II, and III, F.A.C., incorporated herein by reference. A copy of those rules may be obtained from the Agency for Workforce Innovation, Office of General Counsel, 1320 Executive Center Drive, Suite 300, Atkins Building, Tallahassee, Florida 32399-2250.

(7) Hearings shall be scheduled as follows:

(a) Except as provided in (7)(b), the Presiding Officer will schedule a hearing, complete the hearing, and issue a decision within the required sixty (60) calendar days of receipt of complaint or grievance.

(b) A decision shall be issued within 30 calendar days of receipt of a complaint or grievance related to WtW activities and that involves: gender discrimination, as prescribed in 20 CFR 645.255(b); health and safety standards established under State and Federal law that are applicable to similarly employed employees, of the same employer, who are not participants in WtW programs, as prescribed at 20 CFR 645.260; or displacement of WtW participants or regular employees, as prescribed at 20 CFR 645.265.

(8) Individuals with a disability needing special accommodations shall call the State Administrative Entity Process Manager at [phone], at a minimum of five (5) working days prior to the hearing and indicate what special accommodations are needed in order to participate in the hearing.

Specific Authority 20.50, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS. History–New 4-3-02.