(a) A complaint alleging JTPA section 143 violations may be
submitted to the Secretary by either party to the complaint when:
(1) The complainant has exhausted the grievance procedures set forth
at subpart E of this part, or
(2) The 60-day time period specified for reaching a decision under a
procedure set forth at subpart E of this part has elapsed without a
decision (section 144(a) and (d)(1)).
(b)(1) The Secretary shall investigate the allegations contained in
a complaint alleging violations of JTPA section 143, make a
determination whether a violation has occurred, and issue a decision
within 120 days of receipt by the Secretary of the complaint (section
144(c) and (d)).
(2) If the results of the Secretary's investigation indicate that a
decision by a recipient under a procedure set forth at subpart E of this
part requires modification or reversal, or that the 60-day time period
for decision under section 144(a) has elapsed, the Secretary shall
modify, reverse, or issue such decision.
(3) If the Secretary modifies or reverses a decision made under a
procedure set forth at subpart E of this part, or issues a decision
where the 60-day time period has elapsed without a decision, the
Secretary shall offer an opportunity for a hearing, in accordance with
the procedures under section 166 of the Act and subpart H of this part
(sections 144(d)(2) and 166(a)).
(4) If the Secretary upholds a recipient's decision, the
determination is the final decision of the Secretary (section
144(d)(3)). This decision is not appealable to the Office of
Administrative Law Judges.
(c) Except as provided in paragraph (d) of this section, remedies
available under this section to a grievant for violations of section 143
of the Act shall be limited to:
(1) Suspension or termination of payments under the Act;
(2) Prohibition of placement of a participant, for an appropriate
period of time, in a program under the Act with an employer that has
violated section 143 of the Act, as determined under section 144(d) or
(e) of the Act; and/or
(3) Appropriate equitable relief (other than back pay) (section
144(f)(1)).
(d) Available remedies for violations of section 143(a)(4), (b)(1),
(b)(3), and (d) of the Act include the remedies listed in paragraph (c)
of this section, and may include the following:
(1) Reinstatement of the grievant to the position held prior to
displacement;
(2) Payment of lost wages and benefits; and/or
(3) Reestablishment of other relevant terms, conditions, and
privileges of employment.
(e) Nothing in this section shall be construed to prohibit a
grievant from pursuing a remedy authorized under another Federal, State,
or local law for a violation of section 143 of the Act (section 144(g)).
