(a) General. This subpart establishes the procedures which apply to
the handling of noncriminal complaints under the Act at the Governor,
the SDA, and the SSG levels. Nothing contained in this subpart shall be
deemed to prejudice the separate exercise of other legal rights in
pursuit of remedies and sanctions available outside the Act.
(b) Handling of discrimination complaints. Complaints of
discrimination pursuant to section 167(a) of the Act shall be handled
under 29 CFR part 34.
(c) Complaints and reports of criminal fraud, waste, and abuse.
Information and complaints involving criminal fraud, waste, abuse or
other criminal activity shall be reported through the Department's
Incident Reporting System, directly and immediately to the DOL Office of
Inspector General, Office of Investigations, 200 Constitution Avenue
NW., Room S5514, Washington, DC 20210, or to the corresponding Regional
Inspector General for Investigations, with a copy simultaneously
provided to the Employment and Training Administration. The Hotline
number is 1-800-347-3756. Other complaints of a noncriminal nature will
continue to be handled under the procedures set forth in this part,
subparts E and F, and through the Department's Incident Reporting
System.
(d) Non-JTPA remedies. Whenever any person, organization, or agency
believes that a recipient, an SDA, an SSG, or other subrecipient has
engaged in conduct that violates the Act and that such conduct also
violates a Federal statute other than JTPA, or a State or local law,
that person, organization, or agency may, with respect to the non-JTPA
cause of action, institute a civil action or pursue other remedies
authorized under such other Federal, State, or local law against the
recipient, the SDA, the SSG, or other subrecipient, without first
exhausting the remedies in this subpart. Nothing in the Act or this
chapter shall:
(1) Allow any person or organization to file a suit which alleges a
violation of JTPA or regulations promulgated thereunder without first
exhausting the administrative remedies described in this subpart; or
(2) Be construed to create a private right of action with respect to
alleged violations of JTPA or the regulations promulgated thereunder.
