Section 7-509. COMPLAINT PROCEDURE

 

509.1Complaints may be brought by an individual or organization including, but not limited to, program participants, employers, contractors, staff of the employer, applicants for participation, labor unions, and community based organizations.

 

509.2With 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.

 

509.3Participants shall be provided, upon enrollment into the Out-of-School Year-Round Employment Program, a written description of the complaint procedures, including notification of their right to file a complaint and instructions on how to file.

 

509.4All complaints shall be in writing.

 

509.5The complaint resolution procedure shall include provision for the following:

 

(a)Opportunity for informal resolution of the complaint;

 

(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 paragraph (f) of this subsection;

 

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

 

(e)Opportunity for a hearing within twenty (20) days of filing the complaint; and

 

(f)A final written decision concerning 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 followed.

 

509.6A hearing, when requested, shall be provided within twenty (20) days after filing a complaint. The hearing procedures shall include the following:

 

(a)Written notice of the hearing, a description of the manner in which it will be conducted, and the issue 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 the Out-of-School Year-Round Employment Program or its components;

 

(g)Opportunity to question witnesses;

 

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

 

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

 

509.7Appeals from decisions of the Hearing Officer may be filed with the Director.

 

509.8Whenever the 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.

 

509.9The investigation shall be completed and conclusion effected within twenty (20) days after filing, or within the additional time, not to exceed twenty (20) days, as the Director may allow.

 

509.10No extension shall relieve the Hearing or Investigation Officer from making his or her final determination within thirty (30) days after the filing of a complaint or request for investigation.

 

509.11If the 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, this shall be communicated directly to the appropriate law enforcement agency.

 

509.12Nothing in this section shall prohibit the Director from requiring that a system of grievance processing and just adjudication of complaints be implemented by employers for the use of participating youth.

 

509.13Nothing in this section shall prohibit a participating youth from filing a complaint or request for investigations and hearings. Complaints shall be maintained in the Office of the Director.

 

509.14Records of all investigations, hearings, complaints, and requests for investigation shall be maintained in the Office of the Director.