DWD 820.16(1)(a)3.
3. Any employer who hires a participant funded under this chapter shall maintain complaint and appeal procedures which include the employer's terms and conditions of employment pursuant to
20 CFR 629.53, including collective bargaining agreements.
DWD 820.16(1)(a)4.
4. The resolution of complaints shall provide the elements of due process, including notice of the specific allegations and responses; reasonable timing; an impartial decision-maker; the right to representation; the right to present evidence in writing and through witnesses; the right to question others who present evidence; and a decision made strictly on the recorded evidence.
DWD 820.16(1)(c)
(c) Complaint forms. The department shall provide the complaint information form to be used for filing formal complaints when the department is the respondent. Subject to compliance with this section, the grantee may modify the form for its own use.
DWD 820.16(1)(d)
(d) Technical assistance. Pursuant to the PPM, the department and grantee shall provide information to parties about complaint and appeal procedures; monitor the progress of cases; prepare applicable reports; assist appropriate enforcement agencies in the investigation and resolution of fraud and abuse allegations; and provide related technical assistance.
DWD 820.16(2)
(2) Filing a complaint. The respondent shall provide the complainant with the complaint filing procedures and applicable forms. The complainant may have a formal complaint notarized. The following shall apply to the filing and acceptance of a complaint:
DWD 820.16(2)(a)
(a) Filing date. The complaint shall be filed within one year after the alleged violation takes place.
DWD 820.16(2)(b)
(b) Acceptance. The respondent shall accept a complaint pursuant to the complainant's compliance with
par. (a) and submittal of a written complaint which is in sufficient detail to determine the following:
DWD 820.16(2)(b)1.
1. The full name, telephone number and address of the persons or organizations making the complaint.
DWD 820.16(2)(b)2.
2. The full name and address of the respondents against whom the complaint is made.
DWD 820.16(2)(b)3.
3. A clear and concise statement of the facts constituting the alleged violation, including pertinent dates.
DWD 820.16(2)(b)4.
4. The provisions of the laws, rules, regulations, PPM, grant and other agreements under this chapter believed to have been violated.
DWD 820.16(2)(b)5.
5. Whether the complaint has been cross-filed with any other jurisdiction and proceedings have commenced or been concluded, including dates, authorities and other pertinent information.
DWD 820.16(3)
(3) Complaints alleging discrimination. The following are the requirements for complaints alleging discrimination:
DWD 820.16(3)(a)
(a) Discrimination not based on handicap. Complaints alleging a violation of
29 USC 1577 relating to discrimination, except discrimination based on a handicap, shall be filed directly with DOL-DCR within 180 days after the alleged discrimination takes place.
DWD 820.16(3)(b)
(b) Discrimination based on handicap. Complaints alleging a violation of
29 USC 1577 relating to discrimination based on a handicapping condition shall exhaust local procedures before being filed with DOL-DCR. Complaints forwarded to DOL-DCR shall be filed within 180 days after the alleged discrimination takes place.
DWD 820.16(3)(c)
(c) Discrimination based on state fair employment statutes. Complaints alleging a violation of state laws, rules or regulations relating to discrimination shall be filed with the ERD within 300 days after the alleged discrimination takes place. Complaints filed with DOL-DCR may be filed at the same time with the ERD.
DWD 820.16(4)
(4) Complaints alleging noncriminal violations other than discrimination. Pursuant to
20 CFR 629.52, the following are the requirements for complaints alleging noncriminal violations other than discrimination:
DWD 820.16(4)(a)
(a) Grantee as respondent. When a grantee is the respondent to a complaint relating to the administration, implementation and operation of programs, the following shall apply:
DWD 820.16(4)(a)1.
1. The grantee shall review the complaint pursuant to
sub. (2) (b) and notify the complainant in writing of acceptance or the reason for rejection.
DWD 820.16(4)(a)2.
2. The grantee shall conduct a hearing within 30 calendar days of the acceptance date and issue a decision to the complainant within 60 calendar days of the acceptance date.
DWD 820.16(4)(a)3.
3. After receiving an adverse decision or no decision within 60 calendar days, the complainant may file an appeal requesting a review by the department on behalf of the governor. The appeal shall be filed with the department within 10 calendar days after the decision was received or due.
DWD 820.16(4)(a)4.
4. The department shall conduct the state review and the secretary shall issue a final decision within 30 calendar days after the appeal was filed.
DWD 820.16(4)(b)
(b) Department as respondent. When the department is the respondent to complaints and appeals relating to the administration, implementation and operation of programs, the following shall apply:
DWD 820.16(4)(b)1.
1. The division of employment and training policy shall review the complaint pursuant to
sub. (2) (b) and notify the complainant in writing of acceptance or the reason for rejection.
DWD 820.16(4)(b)2.
2. The division of employment and training policy shall appoint a hearing examiner and conduct a hearing within 30 calendar days of the acceptance date and issue a decision to the complainant within 60 calendar days of the acceptance date.
DWD 820.16(4)(b)3.
3. After receiving an adverse decision or no decision within 60 calendar days, the complainant may file an appeal requesting an independent state review. The appeal shall be filed with the department within 10 calendar days after the decision was received or due.
DWD 820.16(4)(b)4.
4. The secretary shall designate a review officer to conduct the independent state review. The review officer shall review the case and issue a recommended decision to the department within 30 calendar days after the appeal was filed.
DWD 820.16(4)(b)5.
5. The secretary shall issue a final decision within 30 calendar days after the appeal was filed. The secretary may accept, reject or modify the review officer's recommendation.
DWD 820.16(5)
(5) Complaints alleging incidents of fraud and abuse violations of jtpa. The following are the requirements for reporting alleged incidents of fraud and abuse:
DWD 820.16(5)(a)
(a) Notification of requirements. The SSG shall notify the LEO and PIC members, employees, subrecipients, all participants and the general public of the reporting requirements of incidents of fraud and abuse.
DWD 820.16(5)(b)
(b) Reporting incidents. An individual who becomes aware of any allegation or complaint about possible fraud, misfeasance, nonfeasance, or malfeasance, misapplication of funds, gross mismanagement, employee or participant misconduct involving program operations or any act which raises questions concerning possible unlawful activity shall immediately report the incident as follows:
DWD 820.16(5)(b)1.
1. Staff of department grantees shall file an incident report with the department. Staff of other grantees or members of the public shall file an incident report with the grantor or the department. Complainants may file an incident report directly with OIG if they feel their position may be compromised.
DWD 820.16(5)(b)2.
2. The identity of an individual who provides information may not be disclosed unless the individual consents or the OIG determines that disclosure is unavoidable during the course of an investigation.
DWD 820.16(5)(b)3.
3. The DOL shall prohibit reprisal against any employee who discloses information about wrongdoing or makes a valid complaint.
DWD 820.16(6)
(6) Hearings. The department shall schedule and conduct hearings pursuant to
sub. (4) and the PPM. The grantee may use the department's procedures or follow their own if they are based on the elements of due process in
sub. (1) (a) 4.
DWD 820.16 History
History: Cr.
Register, February, 1990, No. 410, eff. 3-1-90.
