(a) No JS-related complaint shall be handled at the ETA regional
office level until the complainant has exhausted the State agency
administrative remedies set forth at Secs. 658.410 through 658.418.
Therefore, if the Regional Administrator determines that any
complainant, who has filed a JS-related complaint with the regional
office, has not yet exhausted the administrative remedies at the State
agency level, the Regional Administrator shall inform the complainant
within 10 working days in writing that the complainant must first
exhaust those remedies before the complaint may be filed in the regional
office. A copy of this letter shall be sent to the State Administrator.
However, nothing in this provision shall prevent an ETA regional office
from accepting and handling to resolution a JS-related complaint
pursuant to Sec. 658.423 or Sec. 658.702(c).
(b) The ETA regional office shall be responsible for handling
appeals of determinations made on complaints at the State level. An
``appeal'' shall include any letter or other writing requesting review
if it is received by the regional office and signed by a party to the
complaint. Upon receipt of an appeal by the Regional Administrator after
the exhaustion of State agency administrative remedies, the Regional
Administrator immediately shall send for the complete State agency file,
including the original JS Complaint/Referral Form.
(c) The Regional Administrator shall review the file in the case and
shall determine within ten (10) days whether any further investigation
or action is appropriate, provided however that the Regional
Administrator shall have twenty (20) working days to make this
determination if legal advice is necessary.
(d) If the Regional Administrator determines that no further action
is warranted, the Regional Administrator shall send this determination
in writing by certified mail to the appellant within five (5) days of
his/her determination and may, in the Regional Administrator's
discretion, offer the appellant a hearing before a DOL Administrative
Law Judge, provided the appellant requests such a hearing in writing
from the Regional Administrator within 20 working days of the certified
date of receipt of the Regional Administrator's offer of hearing.
(e) If the Regional Administrator determines that further
investigation or other action is warranted, the Regional Administrator
immediately shall undertake such an investigation, informal resolution
or other action.
(f) If the Regional Administrator determines to reverse or modify
the decision of the State hearing official or the State Administrator,
the Regional Administrator shall offer in writing by certified mail each
party to the State hearing official's hearing or to whom the State
office determination was sent, the opportunity for a hearing before a
DOL Administrative Law Judge, provided the party requests such a hearing
in writing within 20 working
days of the certified date of the Regional Administrator's offer of
hearing.
(g) If the Regional Administrator finds reason to believe that a
State agency or one of its local offices has violated JS regulations,
the Regional Administrator shall follow the procedures set forth at
subpart H of this part.
(h) If the appeal is not resolved, pursuant to paragraph (e) of this
section, to the appellant's satisfaction, the Regional Administrator
may, in the Regional Administrator's discretion, offer the appellant in
writing by certified mail a hearing before a DOL Administrative Law
Judge provided the appellant requests such a hearing in writing from the
Regional Administrator within 20 working days of the certified date of
receipt of the Regional Administrator's offer of hearing.
