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Florida Administrative Code (Last Updated: November 11, 2024) |
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73. Department of Commerce |
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73B. Division of Workforce Services |
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73B-1. Workforce Services; Workforce Programs’grievance, Complaint, Hearing And Appeal Procedures |
73B-1.014. Regional Workforce Board/Career Center and Migrant and Seasonal Farm Workers Complaint and Resolution Procedures
1(1) Complaints related to Wagner Peyser (WP) and Migrant and Seasonal Farm Workers (MSFW) are handled by the Career Center Manager/Complaint Specialist. The Manager/Complaint Specialist will maintain a separate file for each complaint and enter the complaint on the Complaint Log. The local Regional Workforce Board (RWB) will attempt to resolve all WP and MSFW related complaints.
58(2) The complaint is resolved when the complainant is satisfied with the outcome; the complainant chooses not to elevate the complaint to the next level; or when the complainant has not responded within twenty (20) business days after correspondence has been mailed for WP complaints and within forty (40) business days for MSFW complaints.
112(3) If resolution has not been achieved to the satisfaction of the complainant within 15 working days after receipt of the complaint, or 5 working days with respect to complaints filed by or on behalf of MSFWs, then the complaint and associated file documents shall be forwarded to the Agency Clerk, Department of Economic Opportunity, Office of General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128. However, if the Career Center Manager/Complaint Specialist for the local RWB has made a written request for information related to the complaint then these time periods shall not apply until the complainant’s response is received.
215(4) Within five (5) business days after the end of the quarter, the local Career Center Manager will mail the Complaint Logs to the Senior Monitor Advocate at the address included above.
247(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/whd/america2.htm.
293(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 32273B-1.017, 323F.A.C.
324(7) As identified in 32820 CFR 658.501(a), 331any of the following is a basis for discontinuation of services to employers:
344(a) Employer submits and refuses to alter or withdraw job orders containing specifications which are contrary to employment related laws;
364(b) Employer submits job order and refuses to provide assurances that the jobs offered are in compliance with employment related laws, or to withdraw such job orders;
391(c) Employer is found through field checks or otherwise to have either misrepresented the terms or conditions of employment specified on the job order or failed to comply fully with assurances made on the job orders;
427(d) The Career Center is notified by an enforcement agency that a final determination has found that the employer has violated an employment related law and notificaton of this final determination has been provided to the Career Center by that enforcement agency;
469(e) Employer, following investigation of complaint, is found to have violated Wagner Peyser regulations pursuant to 48520 CFR 658.416(d)(4);
488(f) Employer refuses to accept qualified workers referred through the clearance system;
500(g) Employer refuses to cooperate in field checks conducted pursuant to 51120 CFR 653.503; 514or
515(h) Employer repeatedly causes discontinuation of services proceedings to be initiated.
526Rulemaking Authority 528445.004(5)(c) FS. 530Law Implemented 532445.004(5)(b) FS. 534History–New 4-3-02, Formerly 53760BB-1.014, 538Amended 3-4-15.
