| (a) Each Board shall establish written policies to
handle complaints and appeals of determinations, provide the opportunity
for informal resolution, and conduct reviews in compliance with this
subchapter for individuals, eligible training providers, and other
individuals affected by the One-Stop Service Delivery System, including
subrecipients.
(b) A Board shall maintain written copies of these
policies and make them available to the Agency, Workforce Solutions
Office customers, and other interested individuals upon request. A
Board shall require that its subrecipients provide these policies
to Workforce Solutions Office customers and other interested individuals
upon request.
(c) At a minimum, a Board shall:
(1) develop and approve policies to ensure that determinations
are provided as specified in §823.11 of this subchapter (relating
to Determinations);
(2) develop and approve policies to ensure that information
about complaint procedures is available as described in §823.10(d)
of this subchapter (Board-Level Complaints);
(3) notify individuals that complaints must be submitted
in writing and set forth the facts on which the complaint is based,
and notify them of the time limit in which to file a complaint;
(4) maintain a complaint log and all complaint-related
materials in a secure file for a period of three years after final
resolution;
(5) designate an individual to be responsible for investigating,
documenting, monitoring, and following up on complaints;
(6) inform individuals of the:
(A) right to file a complaint;
(B) right to appeal a determination;
(C) opportunity for informal resolution and a Board
review;
(D) time frame in which to either reach informal resolution
or to issue a Board decision; and
(E) right to file an appeal to the Agency, including
providing information on where to file the appeal;
(7) designate adjudicators to conduct Board hearings,
document actions taken, and render decisions; and
(8) ensure that complaints remanded from the Agency
to the Board for resolution are handled in a timely fashion and follow
established Board policies and time frames.
(d) Complaints filed directly with the Agency may be
remanded to the appropriate Board to be processed in accordance with
the Board's policies for resolving complaints.
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