(a) The Regional Administrator shall have responsibility for the
regular review and assessment of State agency performance and compliance
with JS regulations.
(b) The Regional Administrator shall review and approve annual
program budget plans for the State agencies within the region. In
reviewing the program budget plans the Regional Administrator shall
consider relevant factors including the following:
(1) State agency compliance with JS regulations;
(2) State agency performance against the goals and objectives
established in the previous year's program budget plan;
(3) The effect which economic conditions and other external factors
considered by the ETA in the resource allocation process may have had or
are expected to have on State agency performance;
(4) State agency adherence to national program emphasis; and
(5) The adequacy and appropriateness of the program budget plan for
carrying out JS programs.
(c) The Regional Administrator shall assess the overall performance
of State agencies on an ongoing basis through desk reviews and the use
of required reporting systems and other available information.
(d) As appropriate, Regional Administrators shall conduct or have
conducted:
(1) Comprehensive on-site reviews of State agencies and their
offices to review State agency organization, management, and program
operations;
(2) Periodic performance reviews of State agency operation of JS
programs to measure actual performance against the program budget plan,
past performance, the performance of other State agencies, etc.;
(3) Audits of State agency programs to review State agency program
activity and to assess whether the expenditure of grant funds has been
in accordance with the approved budget. Regional Administrators may also
conduct audits through other agencies or organizations or may require
the State agency to have audits conducted;
(4) Validations of data entered into management information systems
to assess:
(i) The accuracy of data entered by the State agencies into
management information system;
(ii) Whether the State agencies' data validating and reviewing
procedures conform to ETA instructions; and
(iii) Whether State agencies have implemented any corrective action
plans required by the ETA to remedy deficiencies in their validation
programs;
(5) Technical assistance programs to assist State agencies in
carrying out JS regulations and programs;
(6) Reviews to assess whether the State agency has complied with
corrective action plans imposed by the ETA or by the State agency
itself; and
(7) Random, unannounced field checks of a sample of agricultural
work sites to which JS placements have been made through the clearance
system to determine and document whether wages, hours, working and
housing conditions are as specified on the job order. If regional office
staff find reason to believe that conditions vary from job order
specifications, findings should be documented on the JS Complaint
Referral Form and provided to the State agency to be handled as a
complaint under Sec. 658.411(b).
(e) The Regional Administrator shall provide technical assistance to
State agencies to assist them in carrying out JS regulations and
programs.
(f) The Regional Administrator shall appoint a Regional MSFW Monitor
Advocate who shall devote full time to the duties set forth in this
subpart. The Regional MSFW Monitor Advocate shall:
(i) Review the effective functioning of the State MSFW Monitor
Advocates in his/her region;
(ii) Review the performance of State agencies in providing the full
range of JS services to MSFWs;
(iii) Take steps to resolve JS-related problems of MSFWs which come
to his/her attention;
(iv) Recommend to the Regional Administrator changes in policy
towards MSFWs;
(v) Review the operation of the JS complaint system; and
(vi) Serve as an advocate to improve service for MSFWs within JS.
The Regional MSFW Monitor Advocate shall be a member of the Regional
Farm Labor Coordinated Enforcement Committee.
(1) The Regional MSFW Monitor Advocate shall be appointed by the
Regional Administrator after informing farmworker organizations and
other organizations in the region with expertise concerning MSFWs of the
opening and encouraging them to refer qualified applicants to apply
through the federal merit system. The Regional MSFW Monitor Advocate
shall have direct personal access to the Regional Administrator wherever
he/she finds it necessary. Among qualified candidates, individuals shall
be sought who meet the criteria used in the selection of the
State MSFW Monitor Advocates, as provided in Sec. 653.108(b).
(2) The Regional Administrator shall ensure that staff necessary to
fulfill effectively all the regional office responsibilities set forth
in this subsection are assigned. The Regional MSFW Monitor Advocate
shall notify the Regional Administrator of any staffing deficiencies and
the Regional Administrator shall take appropriate action.
(3) The Regional MSFW Monitor Advocate within the first three months
of their tenure shall participate in a training session(s) approved by
the National office.
(4) At the regional level, the Regional MSFW Monitor Advocate shall
have primary responsibility for (i) monitoring the effectiveness of the
JS complaint system set forth at subpart E of this part; (ii) apprising
appropriate State and ETA officials of deficiencies in the complaint
system; and (iii) providing technical assistance to State MSFW Monitor
Advocates in the region.
(5) At the ETA regional level, the Regional MSFW Monitor Advocate
shall have primary responsibility for ensuring that State agency
compliance with JS regulations as they pertain to services to MSFWs is
monitored by the regional office. He/she shall independently assess on a
continuing basis the provision of JS services to MSFWs, seeking out and
using:
(i) Information from State MSWF Monitor Advocates, including all
reports and other documents; (ii) program performance data; (iii) the
periodic and other required reports from State JS offices; (iv) federal
on-site reviews; (v) other reports prepared by the National office; (vi)
information received from farmworker organizations and employers; and
(vii) any other pertinent information which comes to his/her attention
from any possible source. In addition, the Regional MSFW Monitor
Advocate shall consider his/her personal observations from visits to JS
offices, agricultural work sites and migrant camps. The Regional MSFW
Monitor Advocate shall assist the Regional Administrator and other
appropriate line officials in applying appropriate corrective and
remedial actions to State agencies.
(6) The Regional Administrator's quarterly report to the National
office shall include the Regional MSFW Monitor Advocate's summary of
his/her independent assessment as required in paragraph (f)(5) of this
section. The fourth quarter summary shall include an annual summary from
the region. The summary also shall include both a quantitative and a
qualitative analysis of his/her reviews and shall address all the
matters with respect to which he/she has responsibilities under these
regulations.
(7) The Regional MSFW Monitor Advocate shall review the activities
and performance of the State MSFW Monitor Advocates and the State
monitoring system in the region, and shall recommend any appropriate
changes in the operation of the system to the Regional Administrator.
The Regional MSFW Monitor Advocate's review shall include a
determination whether the State MSFW Monitor Advocate (i) does not have
adequate access to information, (ii) is being impeded in fulfilling his/
her duties, or (iii) is making recommendations which are being
consistently ignored by State agency officials. If the Regional MSFW
Monitor Advocate believes that the effectiveness of any State MSFW
Monitor Advocate has been substantially impeded by the State
Administrator, other State office officials, or any Federal officials,
he/she shall report and recommend appropriate actions to the Regional
Administrator. Information copies of the recommendations shall be
provided the National MSFW Monitor Advocate.
(8) The Regional MSFW Monitor Advocate shall be informed of all
proposed changes in policy and practice within USES, including JS
regulations, which may affect the delivery of services to MSFWs. He/she
shall advise the Regional Administrator on all such proposed changes
which, in his/her opinion, may adversely affect MSFWs or which may
substantially improve the delivery of services to MSFWs. The Regional
MSFW Monitor Advocate may also recommend changes in JS policy or
regulations, as well as changes in the funding of State agencies and/or
adjustments of reallocation of the discretionary portions of funding
formulae as they pertain to MSFWs.
(9) The Regional MSFW Monitor Advocate shall participate in the
review and assessment activities required in this section and
Sec. 658.700 et seq. He/she, an Assistant, or another Regional MSFW
Monitor Advocate, shall participate in national office and regional
office on-site statewide reviews of JS services to MSFWs in States in
the region. The Regional MSFW Monitor Advocate shall engage in the
following activities in the course of participating in an on-site State
agency review:
(i) He/she shall accompany selected outreach workers on their field
visits;
(ii) He/she shall participate in a random field check of migrant
camps or work sites where MSFWs have been placed on inter or intrastate
clearance orders;
(iii) He/she shall contact local CETA 303 groups or other farmworker
organizations as part of the on-site review, and shall conduct
interviews with representatives of the organizations; and
(iv) He/she shall meet with the State MSFW Monitor Advocate and
discuss the full range of the JS services to MSFWs, including the
monitoring and complaint system.
(10) During the calendar quarter preceding the time of peak MSFW
activity in each State, the Regional MSFW Monitor Advocate shall meet
with the State MSFW Monitor Advocate and shall review in detail the
State agency's capability for providing full services to MSFWs as
required by JS regulations, during the upcoming harvest season. The
Regional MSFW Monitor Advocate shall offer technical assistance and
recommend to the State agency and/or the Regional Administrator any
changes in State policy or practice that he/she finds necessary.
(11) The Regional MSFW Monitor Advocate each year during the peak
harvest season shall visit each state in the region not scheduled for an
on-site review during that fiscal year and shall:
(i) Meet with the State MSFW Monitor Advocate and other central
office staff to discuss MSFW service delivery, and (ii) contact
representatives of MSFW organizations to obtain information concerning
JS service delivery and coordination with other agencies and interested
employer organizations.
(12) The Regional MSFW Monitor Advocate shall initiate and maintain
regular and personal contacts, including informal contacts in addition
to those specifically required by these regulations, with State MSFW
Monitor Advocates in the region. In addition, the Regional MSFW Monitor
Advocate shall have personal and regular contact with the National MSFW
Monitor Advocate. The Regional MSFW Monitor Advocate shall also
establish routine and regular contacts with CETA 303 groups, other
farmworker organizations and agricultural employers and/or employer
organizations in his/her region. He/she shall attend conferences or
meetings of these groups wherever possible and shall report to the
Regional Administrator and the Regional Farm Labor Coordinated
Enforcement Committee on these contacts when appropriate. He/she shall
also make recommendations as to how DOL might better coordinate JS and
CETA 303 services to MSFWs.
(13) The Regional MSFW Monitor Advocate shall attend MSFW-related
public meeting(s) conducted in the region, pursuant to 29 CFR 42.20.
Following such meetings or hearings, the Regional MSFW Monitor Advocate
shall take such steps or make such recommendations to the Regional
Administrator, as he/she deems necessary to remedy problem(s) or
condition(s) identified or described therein.
(14) The Regional MSFW Monitor Advocate shall attempt to achieve
regional solutions to any problems, deficiencies or improper practices
concerning services to MSFWs which are regional in scope. Further, he/
she shall recommend policies, offer technical assistance or take any
other necessary steps as he/she deems desirable or appropriate on a
regional, rather than state-by-state basis, to promote region-wide
improvement in JS services to MSFWs. He/she shall facilitate region-wide
coordination and communication regarding provision of JS services to
MSFWs among State MSFW Monitor Advocates, State Administrators and
federal ETA officials to the greatest extent possible. In the event that
any State or other Regional MSFW Monitor Advocate, enforcement agency,
or MSFW group refers a matter to the Regional MSFW Monitor Advocate
which
requires emergency action, he/she shall assist them in obtaining action
by appropriate agencies and staff, inform the originating party of the
action taken, and, upon request, provide written confirmation.
(15) The Regional MSFW Monitor Advocate shall initiate and maintain
such contacts as he/she deems necessary with Regional MSFW Monitor
Advocates in other regions to seek to resolve problems concerning MSFWs
who work, live or travel through the region. He/she shall recommend to
the Regional Administrator and/or the National office inter-regional
cooperation on any particular matter, problem, or policy with respect to
which inter-regional action is desirable.
(16) The Regional MSFW Monitor Advocate shall establish regular
contacts with the ESA and OSHA farmworker specialists in the region and,
to the extent necessary, shall establish contacts with the staff of
other DOL agencies represented on the Regional Farm Labor Coordinated
Enforcement Committee. The Regional MSFW Monitor Advocate shall
coordinate his/her efforts with specialists in the region to ensure that
the policy specified in 29 CFR 42.20(c)(3) is followed.
(17) The Regional MSFW Monitor Advocate shall participate in the
regional reviews of State agency Program Budget Plans, and shall comment
to the Regional Administrator as to the adequacy of the affirmative
action plans, the outreach plans, and other specific plans included
therein.
