The purpose and effect of this amendment is to remove the reference to the Wagner-Peyser Complaint Resolution System Handbook from the Rule. There is no negative effect because the Wagner-Peyser Complaint Resolution System Handbook only impacts ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Workforce Services

RULE NO.:RULE TITLE:

73B-1.014Regional Workforce Board/One-Stop JS and MSFW Complaint and Resolution Procedures

PURPOSE AND EFFECT: The purpose and effect of this amendment is to remove the reference to the Wagner-Peyser Complaint Resolution System Handbook from the Rule. There is no negative effect because the Wagner-Peyser Complaint Resolution System Handbook only impacts career center staff who handle complaints; it does not provide any instructions of general applicability or guidance to anyone outside of the Department of Economic Opportunity. The rule is also amended to align with the CareerSource branding guidelines by removing references to “one stop” and “job service.”

SUMMARY: The Wagner-Peyser Complaint Resolution System Handbook

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The agency has performed a review of the statutory requirements and has determined that its proposed rule 73B-1.014, has no adverse impact or regulatory costs which exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The rule is therefore expected be able to take effect without the need of being ratified by the Legislature.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 20.60, 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.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Golen, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73B-1.014 Regional Workforce Board/Career Center One-Stop JS and Migrant and Seasonal Farm Workers MSFW Complaint and Resolution Procedures.

(1) Complaints related to Wagner Peyser (WP) JS and Migrant and Seasonal Farm Workers (MSFW) are handled by the Career Center 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 WP and MSFW JS related complaints.

(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 working days after correspondence has been mailed for WP JS complaints and within forty (40) business work days for MSFW complaints.

(3) If the WP JS complaint is not resolved within fifteen (15) business working days, 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.

(4) Within five (5) business days workdays after the end of the quarter, the local Career Center 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/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 73B-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, or to withdraw such job orders;

(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 to have failed to comply fully with assurances made on the job orders;

(d) The Career One-Stop 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;

(e) Employer, following investigation of complaint, is found to have violated Wagner Peyser job service regulations pursuant to 20 CFR 658.416(d)(4);

(f) Employer refuses to accept qualified workers referred through the clearance system;

(g) Employer refuses to cooperate in field checks conducted pursuant to 20 CFR 653.503; or and

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

(8)(a) The Job Service Complaint System, as prescribed in 20 CFR sections 658.411-.418, is contained in the Wagner-Peyser Complaint -- Resolution System Handbook (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 Handbook that has been provided to each RWB, local Representative, and One-Stop Center.

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

Rulemaking Authority 20.60, 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, Formerly 60BB-1.014, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Golen, Office of General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jesse Panuccio

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 14, 2014