(a) Participants and interested or affected parties have a right to appeal to the US Secretary of Labor when decisions are not issued within the time prescribed or when an adverse final Agency decision is issued.

(b) The US Secretary of Labor will investigate appeals under the following circumstances:

(1) A decision on a grievance or complaint has not been reached: (A) within 60 calendar days of receipt of the grievance or complaint; or (B) within 60 calendar days of receipt of the request for appeal of a local level grievance and either party appeals to the US Secretary of Labor; or

(2) A state level decision on a grievance or complaint has been reached and the party to which such decision is adverse appeals to the US Secretary of Labor.

(c) Participants and interested or affected parties that wish to appeal to the US Secretary of Labor must adhere to the following time parameters:

(1) Appeals that are based on subsection (b)(1) of this section must be filed within 120 calendar days of filing the grievance or timely appeal with the state.

(2) Appeals that are based upon subsection (b)(2) of this section must be filed within 60 calendar days of receipt of the state-level decision.

(d) Appeals to the US Secretary of Labor must be submitted by certified mail with a return receipt requested. In addition to sending an appeal to the US Secretary of Labor, the party must also simultaneously provide a copy of the appeal to the opposing party and the US Department of Labor Employment and Training Administration regional administrator.

(e) This federal appeals process applies solely to noncriminal grievances and complaints under WIOA, Title I.

(f) This process does not apply to filing appeals regarding discrimination, or denial or termination of training provider eligibility, for inclusion on the Texas Eligible Training Provider List.

Source Note: The provisions of this §823.34 adopted to be effective January 25, 2021, 46 TexReg 607