Content Last Revised: 9/2/94 ---DISCLAIMER---

CFR	Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 20

Employees' Benefits

Chapter V

Employment and Training Administration, Department of Labor

Part 627

General Provisions Governing Programs Under Titles I, II, and III of the Act

Subpart F

Federal Handling of Noncriminal Complaints and Other Allegations

• Section Number: 627.605
• Section Name: Special Federal review of SDA- and SSG-level complaints without decision.

    (a) Should the recipient fail to provide a decision as required in 

Sec. 627.503 of this part, the complainant may then request from the 

Secretary a determination whether reasonable cause exists to believe 

that the Act or regulations promulgated thereunder have been violated.

    (b) The Secretary shall act within 90 days of receipt of a request 

made pursuant to paragraph (a) of this section. Where there is 

reasonable cause to believe the Act or regulations promulgated 

thereunder have been violated, the Secretary shall direct the recipient 

to issue a decision adjudicating the dispute pursuant to recipient and 

local procedures. The Secretary's action does not constitute final 

agency action and is not appealable under the Act (sections 166(a) and 

144(c)). If the recipient does not comply with the Secretary's order 

within 60 days, the Secretary may impose a sanction upon the recipient 

for failing to issue a decision.

    (c) A request pursuant to paragraph (a) of this section shall be 

filed no later than 15 days from the date on which the complainant 

should have received a decision as required in Sec. 627.503 of this 

part. The complaint shall contain the following:

    (1) The full name, telephone number (if any), and address (if any) 

of the person making the complaint;

    (2) The full name and address of the respondent against whom the 

complaint is made;

    (3) A clear and concise statement of the facts, including pertinent 

dates, constituting the alleged violation;

    (4) The provisions of the Act, regulations promulgated thereunder, 

grant, or other agreement under the Act believed to have been violated;

    (5) A statement disclosing whether proceedings involving the subject 

of the request have been commenced or concluded before any Federal, 

State, or local authority, and, if so, the date of such commencement or 

conclusion, the name and address of the authority, and the style of the 

case; and

    (6) A statement of the date the complaint was filed with the 

recipient, the date on which the recipient should have issued decision, 

and an attestation that no decision was issued.

    (d)(1) A request pursuant to paragraph (a) of this section will be 

considered to have been filed when the Secretary receives from the 

complainant a written statement sufficiently precise to evaluate the 

complaint and the grievance procedure used by the recipient, the SDA, or 

the SSG.

    (2) When an imprecise request is received within the 15-day period 

prescribed in paragraph (a) of this section, the Secretary may extend 

the period for submission.