WIOA Complaint/Grievance, Hearing and Review Procedures
Participants and other interested parties affected by the Local Workforce innovation and Opportunity Act (WIOA) system have the right to file a grievance or complaint which is defined as a written expression of alleged non—criminal violations of WIOA regulations.
The participant has the right:
- To file a grievance or complaint anytime within a one year period of the alleged violation;
- To receive instructions and a timeline for filing a grievance and complaint, and technical assistance including, copies of relevant documents, and clarifications and interpretations of relevant provisions.
The Local Area contact person who will answer customer’s questions about grievance and complaint procedures, refer those persons to appropriate partner programs, and assist customers who wish to ﬁle complaints is:
Lauren Murphy, EO Officer
Passaic County Workforce Development Center
200 Memorial Drive
Paterson, NJ 07505
973-742-9226 ext. 7204
Filing a Grievance or Complaint
The grievance or complaint must:
- Be in writing, signed, and dated,
- Include the full name, mailing address and telephone number of the complainant and the respondent,
- Contain a clear and concise statement of the facts and dates described in the alleged violation, including the provisions of the Act, the WIOA regulations, grant, or other agreements under WIOA, believed to have been violated. Grievances or complaints against individuals including staff or participants shall indicate how those individuals did not comply with the law, regulations or contract
- Indicate the remedy sought by the complaint, and
- Be forwarded to Lauren Murphy at the above address.
The official filing date is the date the written grievance or complaint is received by the local area, its service providers, One-Stop partners, or sub recipients. The filing will be considered a request for a hearing, and the local area will issue a written decision within 60 days of the filing of the grievance or complaint.
The local area shall notify the complainant and the respondent of the opportunity for an informal resolution. Both parties must make a good faith effort to resolve all grievances and complaints prior to the scheduled hearing.
When the complaint is resolved through the informal resolution process, the local area will contact the complainant and have him or her provide a written withdrawal of the complaint within 10 days of the receipt of the notice of resolution or impasse where the complainant decides not to proceed through an administrative hearing.
Notice of Hearing
Hearings on any grievance or complaint shall be conducted within 30 days of filing of a grievance or complaint.
The complainant and the respondent must be notified in writing of the hearing 10 days prior to the date of the hearing.
The notice will contain: 1. the name of the complainant and the name of the party against whom the complaint or grievance is filed; 2. the date, time, and place of the hearing; 3. the statement of the alleged violations; and 4. the name, address, and telephone number of the contact person issuing the notice.
Conduct of Hearings
An impartial hearing officer shall conduct the hearing.
The hearing will be conducted in an informal manner according to procedures established by the local Workforce Innovation and Opportunity Act (WIOA) area.
Both parties will have the right to present written and/or oral testimony and arguments; the right to call and question witnesses who support their position; the right to examine records and documents relevant to the issues; and the right to be represented.
A verbatim transcript or recording of the hearing will be taken.
Not later than 60 days after the filing of the grievance or complaint, the hearing officer will mail a written decision by first class mail to both parties.
The hearing officer’s decision shall contain the names of both parties; a statement of the alleged violations; the date on which the complainant should have received a decision; the findings and decision; and a notice that the complainant has the right to appeal to the Commissioner of the Department of Labor and Workforce Development. The Notice of Appeal and all the pertinent information shall be submitted within 30 days of receipt of the adverse decision or the date on which the complainant and respondent should have received a decision to:
Director, Division of One-Stop Coordination and Support
New Jersey Department of Labor and Workforce Development
PO Box 055
Trenton, NJ 08625—055