(a) There shall be an appropriate official available during regular
office hours to take complaints in each local office.
(b) Whenever an individual indicates an interest in making any
complaint to a State agency office, the appropriate JS official shall
offer to explain the operation of the JS complaint system. The
appropriate JS official shall offer to take the complaint in writing if
it is JS related, or if non-JS related, it alleges violations of
employment related laws enforced by ESA or OSHA and is filed by or on
behalf of an MSFW. The official shall require that the complainant put
the complaint on the JS Complaint/Referral Form prescribed or approved
by the ETA. The JS Complaint/Referral Form shall be used for all
complaints taken by a State agency, including complaints about unlawful
discrimination, except as provided in paragraph (c) of this section. The
State agency official shall offer to assist the complainant in filling
out the form and shall do so if the complainant desires such assistance.
If the complainant also represents several other complainants, all such
complainants shall be named on the JS Complaint/Referral Form. The
complainant shall sign the completed form. The identity of the
complainant(s) and any persons who furnish information relating to, or
assisting in, an investigation of a complaint shall be kept confidential
to the maximum extent possible, consistent with applicable law and a
fair determination of the complaint. A copy of the completed JS
Complaint/Referral Form shall be given to the complainant(s), and the
complaint form shall be given to the appropriate JS official.
(c) If a JS official receives a complaint in any form (e.g., a
letter) which is signed by the complainant and includes sufficient
information for the JS official to initiate an investigation, the
document shall be treated as if it were a properly completed JS
Complaint/Referral Form filed in person by the complainant. The JS
official shall send a confirming letter to this effect to the
complainant and shall give the document to the appropriate JS official.
If the complainant has not provided sufficient information to
investigate the matter expeditiously, the JS official shall request
additional information from the complainant.
(d) If the appropriate JS official determines that the complaint is
not JS-related, the official shall follow the procedures set forth in
Sec. 658.414.
(e) If the appropriate JS official determines that the complaint is
JS-related, the official shall ensure that the complaint is handled in
accordance with this subpart E.
(f) During the initial discussion with the complainant, the JS
official receiving the complaint shall:
(1) Make every effort to obtain all the information he/she perceives
to be necessary to investigate the complaint;
(2) Request that the complainant indicate all of the addresses
through which he or she might be contacted
during the investigation of the complaint;
(3) Request that the complainant contact the JS before leaving the
area if possible, and explain the need to maintain contact during the
complaint investigation.
(Approved by the Office of Management and Budget under control number
1205-0039)
(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))
[45 FR 39468, June 10, 1980, as amended at 47 FR 145, Jan. 5, 1982]
