73B-1.013. Complaint Procedures Related to Wagner-Peyser Job Service Activities

(1) Background and Underlying State and Federal Policy. Federal regulations at 20 CFR Part 658, Subpart E, provide that each state shall establish and maintain a job service complaint system, which includes procedures at the local, State and Federal levels.

(2) As provided in 29 CFR Part 34, Wagner-Peyser participants have the right to file discrimination complaints against the Department of Economic Opportunity (DEO) or its employees or complaints alleging discrimination by an employer, as follows:

(a) Complaints involving an employer in another state or another state agency;

(b) Complaints involving more than one office, another One-Stop Center, or statewide system;

(c) Complaints involving the violation of the Job Service Regulations by an office or One-Stop Center;

(d) Complaints involving the violation of an employment related law by an employer; and

(e) Complaints involving a violation of the terms and conditions of a job order by an employer.

(3) Complaints filed by Migrant and Seasonal Farm Workers (MSFWs). The RWB shall attempt to resolve the MSFW complaint. If the MSFW complaint cannot be resolved within five (5) working days of receipt of complaint by the RWB, the complaint form and copies of all documents in the complaint file shall be forwarded to the Senior Monitor Advocate, 107 E. Madison Street, MSC G-229, Tallahassee, Florida 32399-4137, with a copy to the Agency Clerk, Department of Economic Opportunity, Office of the General Counsel, 107 E. Madison Street, MSC 110, Tallahassee, Florida 32399-4128.

(4) As required by 20 CFR Sec. 658.514, non-job service related complaints including employment, discrimination, and health and safety shall be forwarded as soon as possible after being received at the local level. These complaints shall be sent to: Department of Economic Opportunity, Office of General Counsel, 107 E. Madison Street, MSC 110, Tallahassee, Florida 32399-4128 or to the appropriate federal agency with a copy of the complaint sent to DEO Office of General Counsel. Rule 73B-1.017, F.A.C., contains a list of workforce related federal agencies and addresses.

(5) Job-service (JS) complaints as defined in 20 CFR 658.401 are: (i) Complaints against an employer about the specific job to which the applicant was referred by the JS involving violations of the terms and conditions of the job order or employment-related law (employer-related complaint); and (ii) complaints about Job Service actions or omissions under JS regulations (agency-related complaints). All other complaints are non-job service complaints. JS complaint procedures are not applicable to complaints related to the Unemployment Compensation program. Complaints alleging violations of the Unemployment Compensation program are to be processed as required by laws and regulations related to the Unemployment Compensation program.

(6) The original JS complaint must be filed within one year of the alleged occurrence.

Rulemaking Authority 20.60, 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-1.013.