(a) General. This part establishes the procedures to receive,
investigate and resolve complaints, and conduct hearings to adjudicate
disputes under title IV (except part B) of the Act. It governs grievance
procedures at the recipient or subrecipient level, the receipt and
investigation of complaints at the Federal level, the procedures for
resolving investigative findings, the rules of practice for adjudicative
hearings, and the rendering of decisions pursuant to the Act. Judicial
review of final action of the Department after opportunity for an
administrative hearing has been exclusively established in the United
States Courts of Appeals for the Circuits in which the affected parties
reside or transact business.
(b) Initiation of investigations. JTPA investigations may be
initiated upon the request of any person or organization or by the
Department on its own initiative.
(c) Non-JTPA remedies. Whenever any person, organization or agency
believes that a recipient or subrecipient has engaged in conduct that
violates the Act and that such conduct also violates a Federal statute
other than JTPA, or a State or local law, that person, organization or
agency may, with respect to the non-JTPA cause of action, institute a
civil action or pursue other remedies authorized under other Federal,
State, or local law against the recipient or subrecipient without first
exhausting the remedies in this subpart. For example, if a subrecipient
believes that a grantee has breached the subgrant agreement between the
grantee and itself, the subrecipient may institute a civil action for
breach of contract in a State court if so authorized by State law.
Nothing in the Act or this paragraph, shall:
(1) Allow any person or organization to join or sue the Secretary
with respect to his or her responsibilities under JTPA except after
exhausting the remedies in this subpart.
(2) Allow any person or organization to file a suit which alleges a
violation of JTPA or these regulations without first exhausting the
administrative remedies described in this subpart, or
(3) Be construed to create a private right of action with respect to
alleged violations of JTPA or the regulations.
(d) Complaints of discrimination pursuant to section 167(a) of the
Act will be handled under 29 CFR parts 31 and 32.
[48 FR 48780, Oct. 20, 1983, as amended at 55 FR 13007, Apr. 6, 1990]
