60BB-1.014. Regional Workforce Board/One-Stop JS and MSFW Complaint and Resolution Procedures (Transferred)

(1) Complaints related to JS and MSFW are handled by the One-Stop Manager/Complaint Specialist. The Manager/Specialist will maintain a separate file for each complaint and enter the complaint on the Complaint Log. The local RWB will attempt to resolve all JS related complaints.

(2) The complaint is resolved when the complainant is satisfied with the outcome; the complainant chooses not to elevate to the next level; or when the complainant has not responded within twenty (20) working days after correspondence has been mailed for JS complaints and within forty (40) work days for MSFW complaints.

(3) If the JS complaint is not resolved within fifteen (15) working days, then the complaint and associated file documents are forwarded to the Agency Clerk, Agency for Workforce Innovation, Office of General Counsel, 107 E. Madison Street, MSC 110, Tallahassee, Florida 32399-4128, Attention: Employment Services Complaint Coordinator.

(4) Within 5 workdays after the end of the quarter, the local One-Stop Office Manager will mail the Complaint Logs to the Senior Monitor Advocate at the address included in the MSFW procedures above.

(5) MSFW complaints involving an allegation of noncompliance with assurances regarding wage and hour law or other employment conditions are to be forwarded to the nearest USDOL Wage and Hour office. The local USDOL office nearest you may be found at the USDOL web site: http://www.dol.gov/esa/contacts/whd/america2.htm.

(6) For MSFW violations of Occupational Safety and Health Administration (OSHA) Directives, complaints should be forwarded to USDOL, Occupational Safety and Health Administration, at the address shown in Rule 60BB-1.017, F.A.C.

(7) As identified in 20 CFR 658.501(a), any of the following is a basis for discontinuation of services to employers:

(a) Employer submits and refuses to alter or withdraw job orders containing specifications which are contrary to employment related laws;

(b) Employer submits job order and refuses to provide assurances that the jobs offered are in compliance with employment related laws;

(c) Employer is found through field checks or otherwise to have misrepresented the terms or conditions of employment specified on the job order or to have failed to comply fully with assurances made on the job orders;

(d) The One-Stop Center is notified by an enforcement agency that the employer has violated an employment related law;

(e) Employer, following investigation of complaint, is found to have violated job service regulations;

(f) Employer refuses to accept qualified workers referred;

(g) Employer refuses to cooperate in field checks; and

(h) Employer repeatedly causes discontinuation proceedings to be initiated.

(8)(a) The Job Service Complaint System, as prescribed in 20 CFR sections 658.411-.418, is contained in the Complaint Resolution System Handbook. The Handbook contains instructions for filing, assigning, and handling Job Service related complaints, complaint resolution, referrals, and hearings. Also, a list of referral agencies is available in the Complaint Resolution System Handbook that has been provided to each RWB, local Representative, and One-Stop Center.

(b) The Complaint Resolution System Handbook is incorporated herein by reference. A copy may be obtained from the Agency Clerk, Agency for Workforce Innovation, Office of General Counsel, 107 E. Madison Street, MSC 110, Tallahassee, Florida 32399-4128.

Specific Authority 20.50, 120.54(6), 445.003(4) 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.