Federal Register - 20 CFR, Part 641 Subpart I, Section 641.910, mandates that each SCSEP program provider develop and maintain a procedure for handling grievances and complaints.
SCSEP program complaints and grievances are generally filed by an applicant, employees, and participant at the local level with the SCSEP program provider. A complaint should be brought to the attention of the Project Director/Coordinator on an informal basis. If a complaint has not be resolved satisfactorily on an informal basis, it should be submitted in writing to the SCSEP Equal Employment Opportunity Officer ( Insert Staff Name ) See the link above under the title "Data Practices." The nature of the complaint, facts upon which it is based, the rules or regulations violated (if known), the requested remedy, name of the complainant and the date of filing should all be clearly stated. The supervisor will schedule an informal hearing with the complainant within 15 calendar days of receipt of the complaint.
If the complaint has not been resolved at the local level, or the local level fails to issue a decision within 60 days, the complainant has 60 days to appeal to the State level. If the State fails to issue a decision within 60 days or if the complainant is dissatisfied with the State's decision, and if the complainant is federally funded, the State's decision, or lack thereof, may be appealed beyond the State level to the Chief, Division of Older Worker Programs of the Department of Labor.
Participants must be provided information concerning their complaint and grievance rights as part of the Senior Community Service Employment Program (SCSEP) Orientation and the Host Agency Orientation sessions. The following are the procedures that must be taken by the participant if the participant elects to pursue action under these rights..
STEP 1 SCSEP Participant Program Complaint (Informal - Local Decision)
The SCSEP Program Complaint Procedure addresses complaints regarding only the operation of the SCSEP program. Program complaints must be filed within one year of the alleged occurrence. An informal attempt at resolution should take place prior to the filing of a formal written complaint.
- Upon receipt of an oral or written complaint, the ( Insert Agency Name ) has designated an impartial member or the supervisor of its SCSEP staff to meet with the complainant to discuss the issue. The staff member, ( Insert Staff Name ), may be a person pre-designated by the SCSEP Program Provider to initially explore all complaints within 15 calendar days of receipt of the complaint.
- An informal attempt at resolution can take place prior to the filing of a written program complaint. The designated staff member reviews the case and its facts prior to a meeting with the complainant so that an appropriate resolution if possible can occur.
- If there is a mutually satisfactory resolution to which all parties agree, the staff member is to write a brief report for the file stating the issues and resolution. The matter then will be considered closed.
- If a resolution does not result from the informal procedure at the local level, the complainant will be provided a hearing at the State level upon the complainant's request within the sixty (60) day period allowed for resolution of the complaint. The complaint has sixty (60) days to appeal to the Department of Employment and Economic Development (DEED).
NOTE: The 60 day period allowed for resolution of SCSEP program complaints is the time allowed for the ( Insert Agency Name ) to issue a decision at the local level about the status of a program complaint. If ( Insert Agency Name ) sub-contracts to another service provider the 60 day period must be met jointly by the ( Insert Agency Name ) and the sub-contractor. The complaint procedures of both the ( Insert Agency Name ) and their sub-contractors (if applicable) shall indicate that the 60 day period must be met collectively at the local level. The ( Insert Agency Name ) is designated by the State as the responsible entity for SCSEP Program complaint resolution at the local level.
A local decision must be rendered within sixty (60) days of the date the complaint was filed.
STEP 2 Written Complaint (Formal)
A SCSEP written program complaint may be filed at the SCSEP program provider level within 180 days of the alleged occurrence. Upon receipt of written program complaint by the complainant, the SCSEP Program Provider sends a copy of the complaint to the Workforce Development Division (WDD). All records regarding complaints and actions taken on complaints must be maintained for a period of not less than six (6) years from the date of resolution of the complaint (Minnesota State Statutes, Section 16C.05, Subdivision 5.) In the event the complainant is unable to provide a written statement, an alternative method of obtaining written documentation from the complainant shall be pursued, which may include assistance by agency staff or the complainant's representative:
The written complaint contains the following:
- Complainant name, address and phone number or other methods of contact;
- A detailed description of the complaint;, including the circumstances in which it occurred, the dates on which it occurred, and the identities of the individuals involved; and,
- The written complaint must be signed and dated by the complainant.
STEP 3 Local Decision
A local decision must be rendered within sixty (60) days of the date the complaint was filed. The decision must include a statement indicating the complainant's right to appeal the ( Insert Agency Name )'s decision. The local decision can be appealed if there is no decision reached within sixty (60) days or if either party is dissatisfied with the local hearing decision. The State has sixty (60) days to investigate and to issue a decision.
STEP 4 Department (State) Decision
If the SCSEP complaint has not been resolved at the SCSEP Program Provider level, the Department of Employment and Economic Development (DEED), in the Workforce Development Division (WDD), upon receiving an appeal from the complainant, reviews the complaint documentation and conducts an investigation. Upon completion, WDD offers a resolution.
- A complainant may file an appeal with DEED Workforce Development Division if:
- The complainant is dissatisfied with the ( Insert Agency Name ) decision, or,
- The ( Insert Agency Name ) failed to issue the administrative decision within sixty (60) days of the complaint filing date.
The ( Insert Agency Name ) responsibilities in the appeal process shall include, but are not limited to providing DEED with a completed copy of the complaint file and a copy of the local level decision.
This information is to be forwarded to DEED upon notice that the appeal request has been received and accepted for review by DEED.
- All appeals to DEED must contain the following information:
- Name, telephone number, and address of the person making the complaint;
- Basis of the complaint; and
- A clear and concise statement of the facts, including pertinent dates, constituting the alleged violation, allegations, etc.
- For an appeal to be accepted for review and a decision made by DEED, it must be filed within sixty (60) days of the SCSEP Program Provider's decision. If no decision is provided by the SCSEP Program Provider within the sixty (60) days of the date the complaint was filed, the complainant has sixty (60) days to appeal to DEED. (A total of 120 days from the date the complaint was first filed.) Appeals received outside this time frame risk not being processed. Appeals are to be forwarded to:
Enock Kakuuku
Department of Employment and Economic Development
Workforce Development Division
1st National Bank Building
332 Minnesota Street, Suite E200
St. Paul, MN 55101-1351
- DEED will issue a decision within sixty (60) days of the date the appeal is received at the Department level. Copies of DEED's decision will be sent to the complainant and to the SCSEP Program Provider. This decision will contain a synopsis of the facts, reasons for the decision, remedy as applicable, and a statement explaining further appeal rights to the Chief, Division Adult Services, Employment and Training Administration. A SCSEP complainant is federally funded. Non-federally funded complainants do not have appeal rights beyond the State level. The State's decision is considered final.
STEP 5 Chief (DOL) Appeal
A SCSEP complainant that is federally funded can appeal to the Division of National Programs Tools and Technical Assistance., if the State fails to issue a decision in sixty (60) days from the receipt of the appeal, or if a party wishes to appeal an adverse decision. Appeals to the Chief must be filed within sixty (60) days of the receipt of the decision being appealed. Appeals must be made within 120 days of the filing of the complaint with the State or the filing of the appeal of a local complaint with the State where the State fails to issue a decision within sixty (60) days. Appeals to the Chief, Division Adult Services, must be submitted by certified mail, return receipt requested, to the:
Division of National Programs Tools and Technical Assistance.
Employment and Training Administration
U.S. Department of Labor
200 Constitution Avenue, NW
Washington, D.C. 20210
Attention: OW&D Team
(SCSEP Final Rules and Regulations - 20 CFR, Subpart I, Section 641.910)