Section 7-708. COMPLAINT PROCEDURES

 

708.1Complaints may be brought by an individual or organization including, but not limited to, the following:

 

(a)Program participants;

 

(b)Employers;

 

(c)Contractors;

 

(d)Staff of the employer;

 

(e)Applicants for participation;

 

(f)Labor unions; and

 

(g)Community based organizations.

 

708.2With 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.

 

708.3Participants shall be provided, upon enrollment into the In-School Employment Program, a written description of the complaint procedures, including notification of their right to file a complaint and instructions on how to file.

 

708.4The complaint resolution procedure shall include provision for the following:

 

(a)Opportunity to file a complaint. Each complaint shall be 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. The notice shall establish the procedure 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 on the complaint which shall be made within thirty (30) days 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.

 

708.5A hearing, when requested, shall be provided within twenty (20) days after filing the complaint. The hearing procedures shall include the following:

 

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

 

(b)Opportunity to be accompanied by a representative;

 

(c)Opportunity to bring witnesses and documentary evidence;

 

(d)Opportunity to have relevant documents produced by the In-School Employment Program or its components;

 

(e)Opportunity to question witnesses;

 

(f)The right to an impartial Hearing Officer selected by the Director; and

 

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

 

708.6Appeals from decisions of the Hearing Officer may be filed with the Director.

 

708.7Whenever a complaint is made, it shall be investigated if it alleges that any person, participant employer, or contract is failing to comply with the requirements of the Act, a derivative agreement, or these regulations.

 

708.8If 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 determination shall be communicated directly to the appropriate law enforcement agency for action.

 

708.9Nothing in this section shall prohibit the Director from requiring that a system of grievance processing and just adjudication be implemented by employers for the use of participating youth.

 

708.10Nothing 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.

 

708.11Records of all investigations, hearings, complaints and request for investigation shall be maintained in the Office of the Director.