N.J. Admin. Code § 12:42-1.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:42-1.4 - Grievance and hearing procedures at the local area level

(a) The grievance and hearing procedures at the local area level shall contain, at a minimum, the following requirements:

1. Upon a participant's enrollment into a WIA program, the local area shall provide the participant with a written description of the grievance and hearing procedures which shall include the requirements set forth in (a)4 through 7 below. The local area shall also provide local recipients with these procedures no later than the date of execution of the contract or individual training account between the local area and the local recipient. The local area shall also provide a written description of the grievance and hearing procedures to all complainants at the time a complaint is filed.

2. The local area shall maintain evidence that the grievance and hearing procedures have been provided to participants, local recipients, and complainants as required in (a)1 above.

3. The grievance and hearing procedures shall provide that the identity of any person who has furnished information relating to, or assisting in, an investigation of a possible violation of the WIA shall be kept confidential to the extent possible, consistent with a fair determination of the issues.

4. The local area may provide for an informal resolution of a complaint/grievance which, if provided, shall be completed prior to the hearing date.

5. The local area shall provide for the completion of the hearing and a written decision on a complaint/grievance to be conducted in the locale of the complainant within 60 days of the filing of the grievance or complaint.

6. The local area shall provide participants and local recipients with the name, address and telephone number of the local official to whom complaints and grievances can be directed.

7. At a minimum, the local area shall also provide participants and local recipients with the following:

i. A written notice of the date, time and place of the hearing;

ii. An opportunity to be represented by an attorney or other representative of the complainant's choice;

iii. An opportunity to present witnesses and documentary evidence. Local area recipients and other subrecipients shall cooperate in making available to testify any persons under their control or employ, if such persons are requested to testify by the complainant, and to release requested documents unless privacy laws and other laws intervene to take precedence;

iv. An opportunity to question any witnesses or parties;

v. An impartial hearing;

vi. A verbatim transcript or tape recording of the hearing;

vii. Written notice that the complainant is entitled to a hearing and that a written decision shall be made by the hearing officer or designated representative of the local area within 60 days of the filing of the complaint/grievance;

viii. Written notice that the complainant has a right to appeal to the Commissioner if the decision is adverse or is not made within 60 days of the filing of the complaint;

ix. The name and address of the State agency to whom the appeal is to be addressed and other information needed to file the appeal with the State;

x. Written notice that the complainant must file the appeal with the Director within 30 days of receiving the adverse decision or the date the decision should have been made;

xi. Written notice that the complainant may submit a complaint alleging violations of 29 U.S.C. § 2931(b) labor standards to the Secretary of Labor when the complainant has exhausted the local and State grievance and hearing procedures, or when the 60 day time period specified for reaching a decision has elapsed without a decision. The complainant shall also be informed that he or she has a right to submit the complaint to binding arbitration if a collective bargaining agreement covering the parties to the grievance so provides;

xii. Written notice that when a decision is made at the State level regarding an appeal of a determination made at the local area level, the party to which the decision is adverse may appeal to the Secretary;

xiii. Written notice of the appeal procedures at the State level contained at 12:42-1.5; and

xiv. Written notice that the complainant must exhaust the remedies at each level prior to making an appeal to the next higher level.

8. The local area may require the complainant to notify it when an appeal is made to the State or to the United States Department of Labor.

N.J. Admin. Code § 12:42-1.4