Section 4502-1 - Notice to Affected PartiesEach service delivery area shall develop local procedures for resolution of JTPA policy and audit complaints. Local procedures shall comply with the requirements of Sections 4502-1 through 4502-5.
(a) When each participant enrolls in the JTPA program, the service delivery area shall provide the participant with a written description of the local policy complaint procedure. This description shall include: (1) Notification that the participant has the right to file a policy complaint at any time within one calendar year after the occurrence of an event.(2) Instructions and timelines for filing a policy complaint; and(3) Notification that the participant has the right to receive technical assistance from the service delivery area to file a policy complaint. The service delivery area shall modify the notice and send a new copy to all participants whenever procedures are changed. The service delivery area shall place a copy of the written description of the local policy complaint procedure and the participant's acknowledgment of receipt in each participant's file.
(b) Each service delivery area shall provide its service providers and subrecipients with a written description of the local audit complaint procedure. This description shall include: (1) Notification that service providers and subrecipients have the right to file an audit complaint within 30 days of the issuance of the final determination disallowing costs or instituting other findings;(2) Instructions for filing an audit complaint; and(3) Notification that the service providers and subrecipients have the right to receive technical assistance from the service delivery area to file an audit complaint. The service delivery area shall modify the notice and shall send a new copy of the notice to all service providers and subrecipients whenever procedures are changed. The service delivery area shall place a copy of the written description of the local audit complaint procedure and the service provider's and subrecipient's acknowledgment of receipt in the file of each service provider or subrecipient.(c) The service delivery area shall make available in a public location at its place of business a copy of sections 4501-1 through 4503-3. The service delivery area shall notify participants, service providers and subrecipients where these regulation sections shall be made available. The service delivery area shall provide this information about the availability of these regulation sections at the time the participant, contractor or subrecipient receives a copy of the local policy and/or audit complaint procedures. The service delivery area shall also notify the participant, contractor or subrecipient that Sections 4501-1 through 4503-3 are available to individuals upon request.(d) The service delivery area shall ensure that both the local policy complaint procedures and the local audit complaint procedures explain that participants, contractors, or subrecipients may file an appeal or request a separate review by EDD if they experience an incident of restraint, coercion or reprisal as a result of filing a policy or audit complaint. The complainant shall describe the restraint, coercion or reprisal and shall specify the date of the incident in the appeal or request for EDD review.Cal. Code Regs. Tit. 22, §§ 4502-1
1. New article 2 (sections 4502-1 --4502-5) and section filed 6-24-99 as an emergency; operative 6-24-99 (Register 99, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-22-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-24-99 order transmitted to OAL 10-21-99; disapproved by OAL and order of repeal as to 6-24-99 order filed on 12-7-99 (Register 99, No. 50).
3. New article 2 (sections 4502-1 --4502-5) and section filed 12-8-99 as an emergency; operative 12-8-99 (Register 99, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-6-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-8-99 order, including amendment of subsection (d) and amendment of NOTE, transmitted to OAL 2-24-2000 and filed 4-6-2000 (Register 2000, No. 14). Note: Authority cited: Sections 305, 306 and 15051, Unemployment Insurance Code. Reference: Job Training Partnership Act, Title 29, United States Code, Section 1554 and Title 20, Code of Federal Regulations, Sections 627.501, 627.502 and 627.503.
1. New article 2 (sections 4502-1 - 4502-5) and section filed 6-24-99 as an emergency; operative 6-24-99 (Register 99, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-22-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-24-99 order transmitted to OAL 10-21-99; disapproved by OAL and order of repeal as to 6-24-99 order filed on 12-7-99 (Register 99, No. 50).
3. New article 2 (sections 4502-1 - 4502-5) and section filed 12-8-99 as an emergency; operative 12-8-99 (Register 99, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-6-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-8-99 order, including amendment of subsection (d) and amendment of Note, transmitted to OAL 2-24-2000 and filed 4-6-2000 (Register 2000, No. 14).