(a) General; final determination of reliable and probative evidence.
Where local administrative remedies have been exhausted, section 144(c)
of the Act requires that a final determination of the complaint shall be
made within 120 days after the Department receives the complaint. The
Department's resolution of non-criminal matters pursuant to section
144(c) of the Act consists of the final determination under
Sec. 636.8(e) of whether there is reliable and probative evidence to
support the allegation or belief that a grantee or subrecipient is
failing to comply with the requirements of the Act, regulations, grant
or other agreement under the Act.
(b) Complaints. (1) Every complaint shall be filed in writing before
the commencement of any investigation or corrective action shall be
required. Complaints alleging discrimination under section 167, will be
filed with the Regional Director, Office of Civil Rights (OCR). All
other JTPA complaints will be filed with the appropriate Grant Officer.
However, a complaint timely filed with either the Grant Officer or the
Regional OCR Director shall be deemed properly filed and shall be
referred (as necessary) to the appropriate office. The complaint shall
be filed only after the grantee level procedures in Sec. 636.3 have been
exhausted and no later than 30 days from the date of receipt of the
written decision or notice required by Sec. 636.3. The complaint should
contain the following:
(i) The full name, telephone number (if any), and address of the
person making the complaint.
(ii) The full name and address of the respondent (the grantee or
subrecipient or person against whom the complaint is made).
(iii) A clear and concise statement of the facts, including
pertinent dates, constituting the alleged violation.
(iv) Where known, the provisions of the Act, regulations, grant or
other agreements under the Act believed to have been violated.
(v) A statement disclosing whether proceedings involving the subject
of the complaint have been commenced or concluded before any Federal,
State or local authority, and, if so, the date of such commencement or
conclusion, the name and address of the authority and the style of the
case.
(vi) A copy of the final decision of the recipient or subrecipient
issued pursuant to Sec. 636.3.
(2) A complaint will be considered to have been received upon
receipt by the appropriate Grant Officer. To be acceptable, the
complaint must be a written statement sufficiently precise to both
identify those against whom the allegations are made and to fairly
afford the respondent an opportunity to prepare a defense. A complaint
may be amended to cure defects or omissions, or to clarify and amplify
allegations made therein, and such amendments relate back to the
original filing date for purposes of timely filing.
(3) A complaint once filed may be withdrawn only with the consent of
the Grant Officer. If the complainant fails to cooperate or is
unavailable, the complaint may be dismissed upon reasonable notice to
the last known address of the complainant.
(c) Investigation of complaints. Whenever the Grant Officer receives
a complaint filed in accordance with paragraphs (a) and (b) of this
section, the complaint shall be investigated if it alleges that any
person, grantee or subrecipient has failed to comply with the
requirements of the Act, regulations, grant or other agreements under
the Act. The Grant Officer shall promptly issue a notice to the grantee
or subrecipient which shall include a copy or summary of the complaint
and which shall direct the grantee or subrecipient to forward a copy of
the complete administrative file, including a copy of the certified
verbatim transcript of the hearing, within 15 days of receipt of such
notice to the Grant Officer. Such investigation shall be completed and a
conclusion made pursuant to Sec. 636.8(e) within 120 days of the filing
of the complaint, except that the time may be extended with the written
consent of all the parties.
(d) Onsite review and other bases for investigation. If after an
onsite review, monitoring visit, review of reports, data or other
information, the Grant Officer has reason to believe that a grantee or
subrecipient is failing to comply with the requirements of the Act,
regulations, grant or other agreements under the Act, the Grant Officer
or other designated authority shall inquire into the matter.
(e) Utilizing other services. With the consent and cooperation of
State agencies charged with the administration or enforcement of State
laws, the Secretary may elect for the purpose of carrying out this part,
to utilize the services of State, local and Tribal agencies and their
employees, and notwithstanding any other provision of law, may
reimburse, in whole or in part, such State and local agencies and their
employees for services rendered for such purposes.
(f) Criminal investigation. Notwithstanding any other provision of
this part, investigation by the Department of any matter concerning a
potential Federal criminal violation shall be conducted as the Inspector
General shall direct pursuant to the powers granted by the Inspector
General Act of 1978, Pub. L. 95-452, 92 Stat. 1101.
