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West Virginia Income Maintenance Manual Chapter 18

West Virginia Income Maintenance Manual Page 177 Chapter 18 WV WORKS Activities/Requirements

Step 1: The grievant attempts to resolve the complaint with his/her immediate supervisor within two (2) days of the alleged occurrence. A conference or hearing can be held. The supervisor shall give a written response to the grievant within three (3) days. The grievant may accept the decision or proceed to: Step 2: The grievant requests a review from the employer within two (2) days. The employer gives a written response to the grievant within five (5) days. Grievant accepts the decision or proceeds to: Step 3: Written WV WORKS Grievances form is forwarded by the employer within two (2) days to the local WV WORKS Supervisor. The WV WORKS Supervisor will forward the grievance form to the DOHS Hearing Officer within two (2) days of receipt of the form from the employer. The Hearings Officer will generally render a decision within fifteen (15) days. The Case Manager will record case comments for the participant’s statement concerning the date, and will also record why it cannot be reasonably anticipated. Step 4: The decision of the Hearings Officer may be appealed by the grievant within 30 days after the receipt of the Hearings Officer's decision. The appeal must be sent to the: Office of Administration Law Judges U.S. Department of Labor Vanguard Building

Room 600 1111 20th Street, N.W. Washington, D.C. 20036 The Appeal Shall Contain: o The full name, address and telephone number of the appellant; o The provisions of the Statute or regulations believed to have been violated; o A copy of the original complaint filed by the appellant with the State; and o A copy of the State’s funding and decision regarding the appellants complaint. The Office of Administrative Law Judges will request the following from the Hearings Officer: • Upon receipt of an appeal the Office of Administrative Law Judge shall request from the State agency and the State shall, within 30 days of such request, certify and file with the Office of Administrative Law Judges the entire administrative record of the matter under appeal. The DOHS shall send copies of this record to the Assistant Secretary for