| (a) Participants and interested or affected parties
have a right to appeal to the US Secretary of Labor when decisions
are not issued within the time prescribed or when an adverse final
Agency decision is issued.
(b) The US Secretary of Labor will investigate appeals
under the following circumstances:
(1) A decision on a grievance or complaint has not
been reached:
(A) within 60 calendar days of receipt of the grievance
or complaint; or
(B) within 60 calendar days of receipt of the request
for appeal of a local level grievance and either party appeals to
the US Secretary of Labor; or
(2) A state level decision on a grievance or complaint
has been reached and the party to which such decision is adverse appeals
to the US Secretary of Labor.
(c) Participants and interested or affected parties
that wish to appeal to the US Secretary of Labor must adhere to the
following time parameters:
(1) Appeals that are based on subsection (b)(1) of
this section must be filed within 120 calendar days of filing the
grievance or timely appeal with the state.
(2) Appeals that are based upon subsection (b)(2) of
this section must be filed within 60 calendar days of receipt of the
state-level decision.
(d) Appeals to the US Secretary of Labor must be submitted
by certified mail with a return receipt requested. In addition to
sending an appeal to the US Secretary of Labor, the party must also
simultaneously provide a copy of the appeal to the opposing party
and the US Department of Labor Employment and Training Administration
regional administrator.
(e) This federal appeals process applies solely to
noncriminal grievances and complaints under WIOA, Title I.
(f) This process does not apply to filing appeals regarding
discrimination, or denial or termination of training provider eligibility,
for inclusion on the Texas Eligible Training Provider List.
|
