(a) Where a JS-related complaint deals with an employer, the proper
office to handle the complaint initially is ordinarily the local office
serving the area in which the employer is located. Where a JS-related
complaint deals with an office of a State agency, the proper office to
handle the complaint initially is the local office serving the area in
which the alleged violation of the JS regulations occurred. Where an
agency-related complaint deals with more than one office of a State
agency, with an alleged agency-wide violation, or with the State office,
the appropriate State agency official may direct that the State office
of that agency handle the complaint initially.
(b) The State Administrator shall establish a system whereby the
office in which an JS-related complaint is filed, alleging a violation
in that same State, ensures that the JS Complaint/Referral Form is
adequately completed and then sent to the proper State or local office
of that agency. A copy of the referral letter shall be sent to the
complainant.
(c) Whenever a JS-related complaint deals with an employer in
another State or another State agency, the State JS agency shall send,
after ensuring that the JS Complaint/Referral Form is adequately
completed, a copy of the JS Complaint/Referral Form and copies of any
relevant documents to the State agency in the other State. Copies of the
referral letter shall be sent to the complainant, and copies of the
complaint and referral letter shall be sent to the ETA Regional
Office(s) with jurisdiction over the transferring and receiving State
agencies.
(d) The State agency receiving the complaint after an interstate
transferral under paragraph (c) of this section shall handle the
complaint as if it had been initially filed with that office.
(e) The ETA regional office with jurisdiction over the receiving
State shall follow-up with the receiving State agency to ensure the
complaint is handled in accordance with these regulations.
(f) If the JS complaint is against more than one State JS agency,
the complaint shall so clearly state. The
complaint shall be handled as separate complaints and shall be handled
according to procedures at Sec. 658.416(c) and paragraph (c) of this
section.
