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If the written grievance is filed with the DCF Employment and Training Programs Deputy Director or designee, the local office has 14 days from the date the written grievance is received to investigate and provide a written decision to the complainant and responder. If the written grievance is filed with the qualified hearing agency, the grievance will follow the same procedures utilized in Step 2 below.
▪ Step 2: If the decision reached by the DCF Employment and Training Programs Deputy Director or designee fails to meet the complainant’s satisfaction, the complainant has five days from the receipt of the DCF Employment and Training Programs Deputy Director’s or designee’s decision to request an impartial hearing to appeal the DCF Employment and Training Programs Deputy Director’s or designee’s decision. The DCF Employment and Training Programs Deputy Director or designee must ensure that an impartial hearing is conducted by a qualified State Hearing Officer within a reasonable amount of time not to exceed 60 days. If the complainant decides to bypass the informal resolution and desires formal resolution, as stated in Step 1, the grievance must be filed with a qualified State hearing agency within 30 days of occurrence, containing the information outlined in Step 1, and the complainant must receive a hearing within 60 days from the date the complaint is filed. The State hearing agency will schedule a hearing within 45 days of the receipt of the written grievance or appeal. The complainant and respondent shall receive written notice of the hearing date at least 10 days prior to the hearing. This written notice shall contain the date, time, and place of hearing. The hearing shall occur on the record, and the complainant and respondent will have the opportunity to present evidence, bring witnesses, cross examine witnesses, be represented by counsel, and receive a written final decision. The complainant may request a continuance of the hearing for up to 10-days, but in no instance shall the hearing exceed the 60-day requirement from the original filing of the grievance or the appeal. The written final decision of the impartial hearing board shall contain findings of fact, supporting evidence and conclusions of law. This written decision shall be issued within 25 days from the hearing date, and in no instance, can exceed 90 days from the date of the originally filed grievance or appeal.
▪ Appeals to the Secretary of Labor: Should the decision of the State issued through the qualified hearing board fail to satisfactorily resolve the grievance, the complainant can appeal the State decision to the Office of Administrative Law Judges, U.S. Department of Labor, Vanguard Building, Room 600, 1111 20th St. NW, Washington, D.C. 20036. This appeal must be filed with the Office of Administrative Law Judges within 20 days of receipt of the State’s final decision. The complainant shall send copies of the appeal to the Assistant Secretary for Employment and Training, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, D.C. 20210 and to the Assistant Secretary for Family Support, Department of Health and Human Services, 330 C Street, S.W., Washington, D.C. 20201. The appeal must contain the following: • The full name, address, and telephone number of the complainant • The provisions of the statute or regulations believed to have been violated • A copy of the original complaint filed by the complainant with the State • A copy of the State’s findings and decision regarding the appellant’s complaint