(a) The appropriate State agency official handling an JS-related
complaint shall offer to assist the complainant through the provision of
appropriate JS services. For complaints against employers, this may
include such services as referring a worker-complainant to another job.
(b) (1) If the JS-related complaint concerns violations of an
employment-related law, the local or State office official shall refer
the complaint to the appropriate enforcement agency and notify the
complainant in writing of the referral. The agency shall follow-up with
the enforcement agency monthly regarding MSFW complaints and quarterly
regarding non-MSFW complaints, and shall inform the complainant of the
status of the complaint periodically.
(2) If the enforcement agency makes a final determination that the
employer violated an employment related law, the State JS agency shall
initiate procedures for discontinuation of services immediately in
accordance with subpart F. The State agency shall notify the complainant
and the employer of this action.
(c) If the complaint is filed initially in a local office, and is
not referred under paragraph (b), the appropriate local office official
shall investigate and attempt to resolve the complaint immediately upon
receipt. If resolution has not been achieved to the satisfaction of the
complainant within 15 working days after receipt of the complaint, or 5
working days with respect to complaints filed by or on behalf of MSFWs,
the local office official shall send the complaint to the State office
for resolution or further action except that if the local office has
made a written request for information pursuant to Sec. 658.412(a)(3),
these time periods shall not apply until the complainant's response is
received in accordance with Sec. 658.412(a)(3). The local office shall
notify the complainant and the respondent, in writing, of the results of
its investigation pursuant to this paragraph, and of the referral to the
State office.
(d) If the complaint is filed initially with the State office, and
is not transferred to a local office under Sec. 658.415(a), or not
referred to an enforcement agency under paragraph (b) of this section,
the appropriate State office official shall investigate and attempt to
resolve the complaint immediately upon receipt. If the State office
receives the complaint on referral from a local office, the State
official shall attempt to resolve the complaint immediately and may, if
necessary, conduct a further investigation. If resolution at the State
office level has not been accomplished within 30 working days (20
working days with respect to complaints by MSFWs) after the complaint
was received by the State office (whether the complaint was received
directly or from a local office pursuant to paragraph (c) of this
section), the State office shall make a written determination regarding
the complaint and shall send copies to the complainant and the
respondent except that if the State office has made a written request
for information pursuant to Sec. 658.412 (a)(3) these time periods shall
not apply until the complainant's response is received in accordance
with Sec. 658.412(a)(3). The determination must be sent by certified
mail. The determination shall include all of the following:
(1) The results of any State office investigation pursuant to this
paragraph.
(2) Conclusions reached on the allegations of the complaint.
(3) An explanation of why the complaint was not resolved.
(4) If the complaint is against an employer, and the State office
has found that the employer has violated JS regulations, the
determination shall state that the State will initiate procedures for
discontinuation of services to the employer in accordance with subpart
F.
(5) If the complaint is against an employer and has not been
referred to an enforcement agency pursuant to paragraph (b)(1) of this
section, and the State office has found that the employer has not
violated JS regulations, an offer to the complainant of the opportunity
to request a hearing within
20 working days after the certified date of receipt of the notification.
(6) If the complaint is against the State agency, an offer to the
complainant of the opportunity to request in writing a hearing within 20
working days after the certified date of receipt of the notification.
(e) If the State office, within 20 working days from the certified
date of receipt of the notification provided for in paragraph (d) of
this section, receives a written request for a hearing in response
thereto, the State office shall refer the complaint to a State hearing
official for hearing. The parties to whom the determination was sent
(the State agency may also be a party) shall then be notified in writing
by the State office that:
(1) The parties will be notified of the date, time and place of the
hearing;
(2) The parties may be represented at the hearing by an attorney or
other representative;
(3) The parties may bring witnesses and/or documentary evidence to
the hearing;
(4) The parties may cross-examine opposing witnesses at the hearing;
(5) The decision on the complaint will be based on the evidence
presented at the hearing;
(6) The State hearing official may reschedule the hearing at the
request of a party or its representative; and
(7) With the consent of the State agency's representative and of the
State hearing official, the party who requested the hearing may withdraw
the request for hearing in writing before the hearing.
