Narrative: a. 1. C.

ADWS Policy No. WIOA I – 6.1 (Arkansas Grievance, Complaint, and Appeal Procedures for WIOA Title I Activities) outlines the grievance and appeal procedures for all WIOA title I activities administered by the Arkansas Division of Workforce Services (ADWS). Some policy and procedures affect all types of grievance, complaints, and appeals. 
 
All complaints, grievances, and appeals must be emailed to ADWS.WIOAAppeals@arkansas.gov.  Appeals must be simultaneously emailed to ADWS.Tribunal.WIOA@arkansas.gov.   All complaints, grievances, and appeals must meet submission timelines as described in this document.
 
Within 14 calendar days of receipt of the complaint/grievance/appeal, the Director of ADWS or his/her designee will acknowledge receipt of the grievance. The acknowledgement of receipt will:

• Provide a synopsis of the issues to be decided;
• Outline the steps to be taken to resolve the matter, including an attempt to reach an informal resolution;  
• Notify all parties of that there will be an investigation;
• Notify the parties of the deadline to submit a position statement that details all facts of the complaint/grievance/appeal, along with all supporting documentation; and
• Notify all parties of the right to request a hearing if verbal evidence is more appropriate for the complaint/grievance/appeal than documentation.
   

The request for the hearing must be made within 10 days of the receipt of the letter from the hearing officer.

When statements and documentation are sent to the hearing officer, it must be simultaneously sent to the other party.  No new documentation may be submitted after the deadline given by the hearing officer.

The Director of ADWS or his/her designee will conduct an administrative fact-finding investigation. The investigation will include:

• Opportunities for all parties to submit an in-depth position statement, including documentary supportive data and/or records;
• Access to and review of appropriate official records; and
• A written decision, to be made by the Director of ADWS or designee within 60 days of receipt of the grievance or complaint if the grievant or the appellant presents requested documentation on time.

The following procedures will apply to a hearing, if requested:

• All documents must be presented according to the timeline given by the hearing officer in the initial letter unless an extension has been granted by the hearing officer. 
• The hearing will be informal. Technical rules of evidence will not apply. Hearsay evidence will be admissible at the discretion of the hearing officer.
• Hearings will be held at a time and place determined by the Director of ADWS or his/her designee after reasonable written notice has been sent to the parties and the witnesses.
• The party requesting the hearing will have the burden of establishing the facts and the entitlement to the relief requested.
• Either party may be represented by an attorney or other representative, but no such representative is required.
• Either party may bring witnesses, but no information may be submitted that was not submitted during the investigation or written documentation.  All documentary evidence must be presented during the investigation state. 
• The respondent will cooperate by making available any person under his or her control or employ to testify, if appropriate.
• Either party or representative will have the opportunity to question any witnesses.
• A recording will be made of the proceedings.
• A written decision will be made by the Director of ADWS or his/her designee within 60 days of receipt of the grievance/complaint/appeal if all information required from the appellant or complainant is presented in the time requested.

A written decision will contain the following:

• Statement assuring that all steps included in these procedures have been adhered to;
• Issue(s) being decided;
• Statement of facts;
• Reasons for the decision;
• Remedies to be offered, if appropriate;
  Summary; and
• Advisement of the right to appeal the decision, if allowed for the particular type of complaint/grievance/appeal. (Information about appeals is provided in this policy for each type of complaint/grievance/appeal.)

The guidelines specifically for a unit of local government that has requested designation as a local area but has been denied such designation are:

• A unit of general local government (including a combination of such units) or grant recipient that requests, but is not granted, initial or subsequent designation of an area as a local area under WIOA § 106(b)(2), WIOA § 106(b)(5), or 20 CFR 679.250 may submit an appeal to the Arkansas Workforce Development Board (State Board) within 30 days of the decision not to grant such request.  The State Board may request the assistance of a hearing officer to conduct the appeal.
• The appeal must be sent simultaneously to both ADWS.WIOAAppeals@arkansas.gov and ADWS.Tribunal.WIOA@arkansas.gov.
• The State Board or the State Board’s designee will investigate the appeal, including conducting a hearing in accordance with the rules outlined in Section IV.B.5 of this policy, and the State Board or the State Board’s designee will make a decision within 60 days of the receipt of the appeal.
• If the appeal does not result in designation, an appeal may be made to the Secretary of Labor within 30 days of the appeal decision of the State Board. This appeal must be submitted by certified mail, return receipt requested, to Secretary of Labor at the address in Section IV.C.2.c of this policy, with a copy to the ETA Regional Administrator at the address in Section IV.C.2.c of this policy.
• A copy of the appeal to the Secretary of Labor must be simultaneously provided to the State Board at ADWS.WIOAAppeals@arkansas.gov. The appellant must establish that it was not accorded procedural rights under the appeal process set forth in this policy or establish that it meets the requirements for designation in WIOA § 106(b)(2) or WIOA § 106(b)(3), and also in 20 CFR 679.250. If the Secretary determines that the appellant has met the burden of establishing that it was not accorded procedural rights under this appeal process, or that it meets the requirements for designation listed in this paragraph, the Secretary may require that the area be designated as a local area. In making the determination, the Secretary may consider any comments submitted by the Arkansas Workforce Development Board in response to the appeal. The Secretary will issue a written decision to the Governor and the appellant.