73B-1.002. Filing Grievances and Complaints

(1) This rule shall apply to the filing of grievances related to the Wagner-Peyser (WP), Welfare-to-Work (WtW), Welfare Transition (WT), and WIA programs, except that grievances alleging discrimination, employment, and health and safety violations shall be filed or mailed directly to the appropriate federal agency as allowed by federal regulation. The addresses of the federal agencies are found in Rule 73B-1.017, F.A.C. A copy of the complaint or alleged violation report shall also be mailed to the Department of Economic Opportunity (DEO), Office of General Counsel, The Caldwell Building, MSC #110, 107 E. Madison Street, Tallahassee, Florida 32399-4128. Alternatively, the original complaint may be filed with DEO at the foregoing address. Upon receipt, DEO shall forward the complaint to the proper federal agency. Notwithstanding the foregoing, WtW participants in work activities may file grievances regarding health and safety violations and gender discrimination complaints, with the appropriate RWB or DEO. Such WtW grievances will be processed in accordance with the RWB or state procedure.

(2) Any participant or other interested party adversely affected by a decision or action within the local workforce system, including decisions by One-Stop partners and service providers, has the right to file a grievance and complaint with the regional workforce board (RWB).

(3) TANF cash assistance eligibility or benefit entitlement grievances and complaints shall be filed with the local Department of Children and Family Services (DCFS) office, the state agency responsible for the administration of the cash assistance part of TANF.

(4) Grievances and complaints shall be filed at the State level only when based upon actions or decisions made by DEO, the State recipient and administrative entity. Any grievance and complaint filed with an inappropriate entity will be forwarded to the proper entity or agency for action. The sixty (60) day timeframe to handle the grievance will start upon receipt of grievance and complaint.

(5) A grievance or complaint may be filed by regular employees regarding displacement by a WIA, WT, or WtW program participant and by program participants regarding displacement. Displacement action prohibitions and available relief specifications are described in WIA at 20 CFR 667.270, in TANF at 45 CFR 261.70, and in WtW at 20 CFR 645.265.

(6) All local workforce grievances and complaints shall be filed with the relevant regional workforce boards (RWBs) using their established procedures. The exception to this is the Job Corps grievances that are processed according to requirements of 20 CFR 670.990.

(7) DCFS has assigned to WFI and DEO the responsibility for providing a grievance process for TANF participants when filing grievances related to the delivery of support services and benefits, including transitional benefits, that are related to work activities and are delivered within the context of the Workforce Innovation Act.

Rulemaking Authority 20.60, 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, Formerly 60BB-1.002.