(a) Center and other deliverer grievance procedures. Each center
operator or other Job Corps deliverer shall establish and maintain a
grievance procedure for complaints about its programs and activities
from students and other
interested parties. A hearing on each complaint shall be conducted,
using the established grievance procedure, within 30 days of filing of
the complaint and a decision on the complaint shall be made by the
Center Director or with the knowledge of the Center Director not later
than 60 days after the filing of the complaint. Except for a complaint
alleging fraud or criminal activity, complaints shall be made within one
year of the alleged occurrence. (Section 144(a))
(b) Federal review of student grievances. Where a student or a
person denied enrollment has exhausted the center or other deliverer
grievance procedure established pursuant to paragraph (a) of this
section, the student may appeal the decision to the regional appeal
board. The regional appeal board shall review the appeal and determine
within 120 days after receiving the appeal whether to reverse, affirm,
or remand the decision. The decision of the regional appeal board shall
be final agency action. (Section 144(c))
(c) Federal review of non-student grievances. (1) Where the
grievance or complaint is made by an interested party other than a
student, should the deliverer fail to provide a decision as required in
paragraph (a) of this section, the complainant may then request from the
Regional Director a determination whether reasonable cause exists to
believe that the Act or this part has been violated. The request shall
be filed no later than 10 days from the date on which the complainant
should have received a decision pursuant to paragraph (a) of this
section, and shall describe with specificity the facts and the
proceedings (if any) below.
(2) The Regional Director shall act within 90 days of receipt of the
request and where there is reasonable cause to believe the Act or this
part has been violated shall direct the deliverer to issue a decision
adjudicating the dispute pursuant to the deliverer's grievance
procedures. The Regional Director's action is not final agency action on
the merits of the dispute and therefore is not appealable under the Act.
See sections 144(c) and 166(a) of the Act. If the deliverer does not
comply with the Regional Director's order within 60 days, the Regional
Director may impose a sanction on the deliverer for failing to issue a
decision.
(d) Failures to comply with the Act. Where DOL has reason to believe
that the center operator or other deliverer is failing to comply with
the requirements of the Act, the Regional Director shall investigate the
allegation or belief and determine within 120 days after receiving the
complaint whether such allegation or complaint is true. As the result of
such a determination, the Regional Director may:
(1) Direct the deliverer to handle a complaint through the grievance
procedures established under paragraph (a) of this section; or
(2) Investigate and determine whether the deliverer is in compliance
with the Act and this part. If the Regional Director determines that the
deliverer is not in compliance with the Act or this part, the
appropriate sanctions set forth in section 164 of the Act shall be
applied, subject to paragraph (e) or (f) of this section, as
appropriate. (Section 163 (b) and (c))
(e) Contract disputes. A dispute between DOL and a Job Corps
contractor shall be handled only pursuant to the Contract Disputes Act
and 41 CFR part 29-60.
(f) Inter-agency disputes. A dispute between DOL and a federal
agency operating a center shall be handled only pursuant to the
interagency agreement with that agency for the operation of the center.
(g) Nondiscrimination. Nondiscrimination requirements, procedures,
complaint processing, and compliance reviews are governed by, as
applicable, provisions of the following Department of Labor regulations:
(1) 29 CFR part 34 and subparts B and C and Appendix A of 29 CFR
part 32 for programs receiving financial assistance under JTPA.
(2) 29 CFR part 33 for programs conducted by the Department of
Labor; and
(3) 41 CFR chapter 60 for entities that have a federal ``government
contract'' as that term is defined in the applicable regulations.
See also Sec. 638.813(a) of this part, regarding discrimination.
[55 FR 12996, Apr. 6, 1990, as amended at 58 FR 69100, Dec. 29, 1993]
