Section 7-415. INVESTIGATIONS AND COMPLAINTS

 

415.1Investigations may be initiated upon the request of any person, organization or by the Department on its own initiative.

 

415.2Complaints may be brought by any individual or organization including, but not limited to, program participants, employers, contractors, staff of the employer, applicants for participation, labor unions, and community based organization.

 

415.3With the exception of complaints alleging fraud, forgery or other criminal activity, the filing of a complaint shall be made within ten (10) days of the alleged occurrence.

 

415.4Participants shall be provided upon enrollment into YES employment or training, a written description of the complaint procedures, including notification of their right to file a complaint and instructions on how to do so.

 

415.5The complaint resolution procedure shall include the following:

 

(a)Opportunity to file a complaint. All complaints shall be in writing;

 

(b)Opportunity for informal resolution of the complaint;

 

(c)Written notification of an opportunity for a hearing when an informal resolution has not been accomplished. This notice shall state the procedures for requesting a hearing and shall describe the elements in the hearing procedures including those set forth in §415(f);

 

(d)Opportunity to amend the complaint prior to a hearing;

 

(e)Opportunity for a hearing pursuant to §415(f) within twenty (20) days of filing the complaint; and

 

(f)A final written decision to the complaint which shall be made within thirty (30) days of the filing of the complaint and shall include the following:

 

(1) The reason(s) for the decision; and

 

(2) A statement that the procedures delineated in this section have been completed.

 

415.6A hearing, when requested, shall be provided within twenty (20) days after filing a complaint. The hearing procedure shall include the following:

 

(a)Written notice of the date, time and place of the hearing, the manner in which it will be conducted, and the issues to be decided;

 

(b)Opportunity to withdraw the request for hearing in writing before the hearing;

 

(c)Opportunity to request rescheduling for good cause;

 

(d)Opportunity to be accompanied by a representative;

 

(e)Opportunity to bring witnesses and documentary evidence;

 

(f)Opportunity to have relevant documents produced by YES or its components;

 

(g)Opportunity to question witnesses;

 

(h)The right to an impartial hearing officer selected by the YES Director; and

 

(i)A written decision from the hearing officer, which shall include a summary of facts, rationale for the decision and a statement or remedies to be applied.

 

415.7Appeals from decisions of the Hearing Officer may be filed with the YES Director.

 

415.8Whenever the YES Director receives a request for an investigation or a complaint it shall be investigated if it alleges that any person, participant, employer or contractor is failing to comply with the requirements of the Act, a derivative agreement, these regulations, or appropriate local or federal laws and regulations.

 

415.9The investigations shall be completed and conclusion made within twenty (20) days after the request is filed.

 

415.10The YES Director may not allow more than twenty (20) additional days if additional time is needed to complete the matter.

 

415.11No extension shall relieve the Hearing or Investigation Officer from making his or her final determination within forty (40) days after the filing of a complaint or request for investigation.

 

415.12If the YES Director, Hearing or Investigation Officer determines that a complaint, an investigation or testimony involves criminal activity which may violate the laws of the District of Columbia, the United States or other jurisdiction, the determination shall be communicated directly to the Director of the Department by the Director of YES for action by the appropriate law enforcement agency.

 

415.13Nothing in this section shall prohibit the following requirements:

 

(a)YES from requiring that a system of grievance processing and a just adjudication of complaints be implemented by employers for the use of participating youth; and

 

(b)Participating youth from filing a complaint or request for investigation with the Office of the Director.

 

415.14Records of all investigations, hearings, complaints, and requests for investigation shall be maintained in the Office of the Director of YES.