N.J. Admin. Code § 12:42-1.6

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

Section 12:42-1.6 - Review procedures for matters initiated at the State level

(a) Any interested parties who do not have recourse to the grievance and hearing procedures of a local area and who are affected by the Statewide Workforce Investment program, may submit to the Commissioner any grievances or complaints alleging a violation(s) of the requirements of the WIA and/or provisions of a related agreement(s).

(b) Any providers of training services who have been denied eligibility by a local board or the designated State agency pursuant to 29 U.S.C. § 2842(b), (c) or (e); whose eligibility has been terminated or otherwise adversely affected by a local board or State agency pursuant to 29 U.S.C. § 2842(f); or who has been denied eligibility as a provider of on-the-job training or customized training by a one-stop operator under 29 U.S.C. § 2842(h), may submit to the Commissioner any grievances or complaints regarding such actions.

(c) Any participants subject to testing for the use of controlled dangerous substances and participants who are sanctioned after testing positive for the use of controlled dangerous substances may submit to the Commissioner any grievances or complaints regarding such actions.

(d) Upon receipt of the written request for review, the agency shall provide the complainant and respondent with written acknowledgment of the request. The written acknowledgment shall set forth that the complainant and respondent may present documentary evidence within five business days of receipt of the acknowledgment, that they deem necessary in order for the agency to render a decision. The agency shall review the documentary evidence presented by the parties and shall request any additional information or conduct any investigation necessary to render a decision.

(e) The agency's decision shall be based on the written record and rendered within 20 days after receipt of the request for review submitted by the parties. The decision shall advise the parties of the right to an impartial hearing.

1. The agency shall offer the parties the opportunity to resolve the complaint informally prior to rendering a decision based on the written record.

(f) The complainant or respondent may request an impartial hearing if the decision of the agency is deemed adverse by either party or if the decision has not been made within 20 days.

1. The request for an impartial hearing shall be submitted in writing to the Commissioner within 10 days of receipt of the adverse decision or 35 days from the date upon which the Commissioner received the request for review, whichever is sooner.

(g) Upon receipt of the request for a hearing, the Commissioner shall transmit the matter to the Office of Administrative Law for hearing, pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The hearing shall be completed within 60 days of the complaint or grievance. The Commissioner's decision shall constitute the final administrative determination.

(h) The complainant or respondent may appeal to the Secretary, utilizing the procedures set forth at 12:42-1.8, if the Commissioner fails to issue a written decision within 60 days of receipt of the initial complaint, or if the decision relating to the complaint or grievance has been reached and the party to which such decision is adverse wishes to seek review by the United States Department of Labor pursuant to 20 C.F.R. 667.610.

(i) The Secretary will not review appeals from complaints at the State level from complainants subject to testing and sanctioning for the use of controlled substances or from training providers denied eligibility or terminated as an eligible training provider.

N.J. Admin. Code § 12:42-1.6