20 CFR 658.410 - Establishment of local and State complaint systems.

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§ 658.410 Establishment of local and State complaint systems.

(a) Each State Workforce Agency (SWA) must establish and maintain a Complaint System pursuant to this subpart.

(b) The State Administrator must have overall responsibility for the operation of the Complaint System. At the ES office level the manager must be responsible for the operation of the Complaint System.

(c) SWAs must ensure centralized control procedures are established for the processing of complaints. The manager of the ES office and the SWA Administrator must ensure a central complaint log is maintained, listing all complaints taken by the ES office or the SWA, and specifying for each complaint:

(1) The name of the complainant;

(2) The name of the respondent (employer or State agency);

(3) The date the complaint is filed;

(4) Whether the complaint is by or on behalf of a migrant and seasonal farmworker (MSFW);

(5) Whether the complaint concerns an employment-related law or the ES regulations; and

(6) The action taken and whether the complaint has been resolved.

(d) State agencies must ensure information pertaining to the use of the Complaint System is publicized, which must include, but is not limited to, the prominent display of an Employment and Training Administration (ETA)-approved Complaint System poster in each one-stop center.

(e) Each one-stop center must ensure there is appropriate staff available during regular office hours to take complaints.

(f) Complaints may be accepted in any one-stop center, or by a State Workforce Agency, or elsewhere by an outreach worker.

(g) All complaints filed through the local ES office must be handled by a trained Complaint System representative.

(h) All complaints received by a SWA must be assigned to a State agency official designated by the State Administrator, provided that the State agency official designated to handle MSFW complaints must be the State Monitor Advocate (SMA).

(i) State agencies must ensure any action taken by the Complaint System representative, including referral on a complaint from an MSFW is fully documented containing all relevant information, including a notation of the type of each complaint pursuant to Department guidance, a copy of the original complaint form, a copy of any ES-related reports, any relevant correspondence, a list of actions taken, a record of pertinent telephone calls and all correspondence relating thereto.

(j) Within 1 month after the end of the calendar quarter, the ES office manager must transmit an electronic copy of the quarterly Complaint System log described in paragraph (c) of this section to the SMA. These logs must be made available to the Department upon request.

(k) The appropriate SWA or ES office representative handling a complaint must offer to assist the complainant through the provision of appropriate services.

(l) The State Administrator must establish a referral system for cases where a complaint is filed alleging a violation that occurred in the same State but through a different ES office.

(m) Follow-up on unresolved complaints. When a complaint is submitted or referred to a SWA, the Complaint System representative (where the complainant is an MSFW, the Complaint System representative will be the SMA), must follow-up monthly regarding MSFW complaints, and must inform the complainant of the status of the complaint. No follow-up with the complainant is required for non-MSFW complaints.

(n) When a complainant is an English Language Learner (ELL), all written correspondence with the complainant under part 658, subpart E must include a translation into the complainant's native language.

(o) A complainant may designate an individual to act as his/her representative throughout the filing and processing of a complaint.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 29 - LABOR
U.S. Code: Title 38 - VETERANS’ BENEFITS

§ 4100 - Findings

§ 4101 - Definitions

§ 4102 - Purpose

§ 4102A - Assistant Secretary of Labor for Veterans’ Employment and Training; program functions; Regional Administrators

§ 4103 - Directors and Assistant Directors for Veterans’ Employment and Training; additional Federal personnel

§ 4103A - Disabled veterans’ outreach program

§ 4104 - Local veterans’ employment representatives

§ 4104A - Collaborative veterans’ training, mentoring, and placement program

§ 4105 - Cooperation of Federal agencies

§ 4106 - Estimate of funds for administration; authorization of appropriations

§ 4107 - Administrative controls; annual report

§ 4108 - Cooperation and coordination

§ 4109 - National Veterans’ Employment and Training Services Institute

§ 4110 - Advisory Committee on Veterans Employment, Training, and Employer Outreach

§ 4110A - Special unemployment study

§ 4110B - Coordination and nonduplication

§ 4111 - Repealed. Pub. L. 107–95, § 5(e)(3), Dec. 21, 2001, 115 Stat. 918]

§ 4112 - Performance incentive awards for quality employment, training, and placement services

§ 4113 - Transition Assistance Program personnel

§ 4114 - Credentialing and licensure of veterans: demonstration project

§ 4211 - Definitions

§ 4212 - Veterans’ employment emphasis under Federal contracts

§ 4213 - Eligibility requirements for veterans under Federal employment and training programs

§ 4214 - Employment within the Federal Government

§ 4215 - Priority of service for veterans in Department of Labor job training programs

U.S. Code: Title 44 - PUBLIC PRINTING AND DOCUMENTS

Title 20 published on 20-May-2017 03:30

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR Part 658 after this date.

  • 2016-08-19; vol. 81 # 161 - Friday, August 19, 2016
    1. 81 FR 56072 - Workforce Innovation and Opportunity Act
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Employment and Training Administration
      Final rule.
      This Final Rule is effective October 18, 2016.
      20 CFR Parts 603, 651, 652, 653, 654, 658, 675, 679, 680, 681, 682, 683, 684, 685, 686, 687, and 688