New York State Workforce Development System New York State
Technical Advisory
 
December 4, 2000
Workforce Development System Technical Advisory 00-40.1
 
TO: Chairpersons of Local Workforce Investment Boards
Chief Elected Officials
WIA Grant Recipients
WIA Fiscal Agents
WIA Local Area Contacts
SUBJECT: Revision to Technical Advisory #00-40, Procedures for Processing Non-Criminal Complaints and Grievances at the Local Workforce Investment Area (Local Area) Level
Purpose: To provide additional information to Technical Advisory #00-40 regarding the requirement to notify the complainant of the right to request a State level review of the local decision
Background: Clarification is needed with regard to the Workforce Investment Act (WIA) Grievance process to ensure the rights of participants enrolled in the programs. According to the WIA procedure, after a hearing is held at the Local Area level and a decision rendered, the Hearing Officer's decision must include notification to the complainant of the right to request a State level review of the findings.

State level appeals must be submitted in writing to the State Hearing Officer within 10 days of receipt of the Local Area level findings. In addition, if no decision is rendered at the Local Area level within the prescribed 30 day time period, the complainant may, within 15 days after such decision was due, appeal for a State Review.

A State level appeal should contain the same basic elements necessary for the Local Area level. These are:

  1. Complainant name, address and phone number
  2. Respondent's name, address and phone number (may be any agency or officer)
  3. The nature of the complaint (who, what, where, when and how information, as applicable)
  4. Signature of the complainant
  5. Date signed
  6. Information regarding decision rendered at Local Area level

The information should be sent to:

New York State Workforce Investment Act Hearing Officer
New York State Department of Labor
State Office Building Campus
Building 12, Room 446
Albany, New York 12240