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Steps to Assistance Customer Rights Eligibility
| Useful Links: |
| Rights Statement |
Title I of the Workforce Investment Act of 1998 (WIA), on the basis of the beneficiary's citizenship/status as a
financially assisted program or activity.
If you think you have been subjected to discrimination under the WIA program or activity, you may file a complaint
within 180 days of the alleged violation with:
Georgia Department of Labor
Georgia Mountains Workforce Investment Board(GMWIB)
2481 Hilton Drive, Suite 8
Gainesville, GA 30501
(770) 538-2724 - Phone
Georgia Department of Labor
Equal Opportunity Officer - Elizabeth Warner
148 Andrew Young International Blvd., NE
Atlanta, GA 30303-1751
(404) 232-3557 - Phone
Director of Civil Rights Center
U.S. Department of Labor
200 Constitution Ave., NW
Room N4123
Washington, DC 20210
If you elect to file your complaint with the GMWIB, you must wait either until the GMWIB issues a written decision,
or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address
above). If the GMWIB does not give you a written decision within 90 days of the day on which you filed your
complaint, you do not have to wait for the GMWIB to issue that decision before filing a complaint with the CRC.
However, you must file your complaint with CRC within 30 days of the 90-day deadline (in other words, within
120 days after the day on which you filed your complaint with the GMWIB). If the GMWIB does give you a written
decision on your complaint, but you are not satisfied with the decision or resolution, you may file a complaint with
CRC. You must file your complaint within 30 days of the date on which you received a written decision.
The Civil Rights Act of 1964, as amended, and the Workforce Investment Act of 1998, as amended, guarantee
you the right to file a complaint or alleged action in any area concerning discrimination as stated above.
COMPLAINTS OF FRAUD OR ABUSE
In cases of suspected fraud, abuse, or other alleged criminal activity, you should contact the Office of the
Inspector General, U.S. Department of Labor, at 1-800-347-3756. There is no charge for this call.
WIA GRIEVANCE PROCEDURE
1. Complaints arising at the Workforce Development Area 2 level must be in writing, using form DOL-4430,
signed by the complainant, dated within one-year of the alleged incident, and must include the following
information:
a. the full name, telephone number (if any) and address
b. the full name and address of the respondent
c. a clear and concise statement of facts
d. the type of relief requested.
A complaint will be considered to have been filed when the reviewing authority receives from the complainant a
written statement, including information specified above, which contains sufficient facts and arguments to
evaluate the complaint.
2. Complaints must be submitted to the Director, Georgia Mountains Workforce Investment Board, 2481 Hilton
Drive, Suite 8, Gainesville, GA 30501.
3. The Director shall investigate the complaint(s) and attempt to resolve the matter through mediation within
ten days of receipt of the complaint.
4. If the complaint(s) cannot be resolved within ten days, a hearing shall be conducted within sixty days of
receipt of the initial complaint. When a hearing is necessary, the complainant and the respondent will be given
reasonable notification by registered or certified mail of the given reasonable notification by registered or
certified mail of the following information:
· A statement of the date, time and place of hearing;
· A statement of the authority and jurisdiction;
· A reference to the particular section of the Act involved;
· A notice to the parties of the specific charges involved;
· The right of both parties to be represented by legal counsel;
· The right of each party to present evidence;
· The right of each party to cross-examine.
5. A hearing can be rescheduled at the request of either party for just cause.
6. The hearing shall be conducted by the Executive Committee of the Georgia Mountains Workforce Investment
Board. This committee may designate staff and/or other parties to serve as the hearing officer. However, no
GMWIB or staff member who has been directly involved in the events from which the complaint arose shall serve
as a decision-maker in such complaint. If the complaint is against the GMWIB itself, an impartial person will be
secured by the GMWIB to serve as the hearing officer. Impartial hearing officers shall be chosen from qualified
individuals with expertise in the area from which the complaint arises. When an impartial hearing officer is
necessary, the GMWIB Director will be notified to provide a qualified person. The right to an impartial decision-
maker shall not be abrogated by the Georgia Mountains Workforce Investment Board or Workforce Development
Area 2. In an age of advanced communication options and to encourage timely responses to all complaints, the
GMWIB may utilize e-mail, internet-based meeting facilities, in-person or any other mutually acceptable formats
to conduct a hearing.
7. The Executive Committee of the Georgia Mountains Workforce Investment Board, or, its designee acting as a
hearing officer, shall have the authority to regulate the course of the hearing, set the time and place for continued
hearings, fix the time for filing briefs, and dispose of motions.
8. A complete record of the hearing shall be made and maintained for three years and include the following:
a. all pleadings, motions, and intermediate ruling;
b. detailed minutes or mechanical recording of the oral testimony and all other evidence presented;
c. a statement of matters officially noted;
d. all staff memoranda or data submitted to the Georgia Mountains Workforce Investment Board
Executive
Committee or its designee in connection with their consideration of the case;
e. findings of fact based on the evidence submitted at the hearing;
f. notification of both parties of further appeal procedures, if applicable; and
g. final decision of the hearing officer.
A written report of all complaints received within the Georgia Mountains Workforce Investment Board office will be
filed on-site by the tenth day of the month following the report month. The report will include the name of the
complainant, the name and/or organization of the respondent, the date the complaint was filed, nature of the
complaint, and the resolution of the complaint (if rendered). If no complaints are received during a given month,
no report is due. If there are status updates to previous complaints, a report must be sent to the State by the
tenth day of the following month.
GOVERNOR’S REVIEW OF THE GRIEVANCE
The complainant shall be informed of the right to request a review of his or her complaint by the Governor if: 1)
the complainant does not receive a decision at the Georgia Mountains Workforce Investment Board level within
sixty days of filing the complaint, or 2) the complainant receives a decision unsatisfactory to him or her.
The request for review should be submitted to: Commissioner, Georgia Department of Labor, Sussex Place,
148 Andrew Young International Blvd., NE, Atlanta, GA 30503-1751. The request for review of the complaint by
the Governor must be filed within ten days of receipt of the adverse decision or within fifteen days from the date
on which the complainant should have received a decision. The Governor will conduct a review of the complaint
and issue a decision within thirty days from the date of receipt of the review request. The decision rendered by
the Governor will be final.
OTHER GRIEVANCES
1. Complaints arising from contracts or vendor agreements with Georgia public schools such as those which
pertain to disciplinary actions of teachers or students, grading policy or teacher employment contracts will be
handled by the grievance procedure outlined in OCGA 20-2-1160, 20-2-109, 20-2-50. Grievance hearings held
by public school service providers should be consistent with State policy/procedures and must be initiated within
30 days of filing of the grievance and a decision rendered within 60 days of the filing date of the grievance.
Where grievances arise in the area’s outlined above, the service provider will submit to the Georgia Mountains
Workforce Investment Board (GMWIB) within five (5) days, summaries or checklists of Georgia Mountains
Workforce Investment Area 2 complaints filed. Hearings held, decisions rendered and appeals filed shall be
provided to GMWIB within 10 days of the decision being finalized.
If a complainant does not receive a decision within 60 days of filing the complaint or receives an unsatisfactory
decision, the complainant then has the right to request a review by the Governor. The request for review should
be submitted to the State Superintendent of Schools, Georgia Department of Education, 2066 Twin Towers East,
Atlanta, Georgia 30334. [NOTE: For the purpose of this section, the State Superintendent of Schools or his/her
designee acts as the Governor’s authorized representative.]
Complaints which pertain to terms of the contract between the school and the GMWIB, which may include
curriculum and course content, provision of teaching materials and equipment, eligibility, customer selection, or
other terms made part of the contract, should be handled by the grievance procedure as presented in the WIA
Grievance Procedure section.
2. Complaints against the Georgia Department of Labor Career Centers should be filed with the complaint
specialist or Career Center Manager in accordance with their policies and procedures.
3. Complaints alleging labor standards violations may be filed using the established local and State
Grievance Procedures or submitted to a binding arbitration procedure, if a collective bargaining agreement
covering the parties to the grievance so provides.
4. Applicants, customers, service providers, bidders, WIA funded staff or other interested parties alleging
violations of the Acts, regulations, subgrants, or other contracts under WIA (other than discrimination complaints)
shall utilize the WIA Grievance Procedures in filing a complaint. Individuals shall be informed of this right by the
Georgia Department of Labor/Georgia Mountains Workforce Investment Area 2 staff.
Revised 05/09
financially assisted program or activity.
If you think you have been subjected to discrimination under the WIA program or activity, you may file a complaint
within 180 days of the alleged violation with:
Georgia Department of Labor
Georgia Mountains Workforce Investment Board(GMWIB)
2481 Hilton Drive, Suite 8
Gainesville, GA 30501
(770) 538-2724 - Phone
Georgia Department of Labor
Equal Opportunity Officer - Elizabeth Warner
148 Andrew Young International Blvd., NE
Atlanta, GA 30303-1751
(404) 232-3557 - Phone
Director of Civil Rights Center
U.S. Department of Labor
200 Constitution Ave., NW
Room N4123
Washington, DC 20210
If you elect to file your complaint with the GMWIB, you must wait either until the GMWIB issues a written decision,
or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address
above). If the GMWIB does not give you a written decision within 90 days of the day on which you filed your
complaint, you do not have to wait for the GMWIB to issue that decision before filing a complaint with the CRC.
However, you must file your complaint with CRC within 30 days of the 90-day deadline (in other words, within
120 days after the day on which you filed your complaint with the GMWIB). If the GMWIB does give you a written
decision on your complaint, but you are not satisfied with the decision or resolution, you may file a complaint with
CRC. You must file your complaint within 30 days of the date on which you received a written decision.
The Civil Rights Act of 1964, as amended, and the Workforce Investment Act of 1998, as amended, guarantee
you the right to file a complaint or alleged action in any area concerning discrimination as stated above.
COMPLAINTS OF FRAUD OR ABUSE
In cases of suspected fraud, abuse, or other alleged criminal activity, you should contact the Office of the
Inspector General, U.S. Department of Labor, at 1-800-347-3756. There is no charge for this call.
WIA GRIEVANCE PROCEDURE
1. Complaints arising at the Workforce Development Area 2 level must be in writing, using form DOL-4430,
signed by the complainant, dated within one-year of the alleged incident, and must include the following
information:
a. the full name, telephone number (if any) and address
b. the full name and address of the respondent
c. a clear and concise statement of facts
d. the type of relief requested.
A complaint will be considered to have been filed when the reviewing authority receives from the complainant a
written statement, including information specified above, which contains sufficient facts and arguments to
evaluate the complaint.
2. Complaints must be submitted to the Director, Georgia Mountains Workforce Investment Board, 2481 Hilton
Drive, Suite 8, Gainesville, GA 30501.
3. The Director shall investigate the complaint(s) and attempt to resolve the matter through mediation within
ten days of receipt of the complaint.
4. If the complaint(s) cannot be resolved within ten days, a hearing shall be conducted within sixty days of
receipt of the initial complaint. When a hearing is necessary, the complainant and the respondent will be given
reasonable notification by registered or certified mail of the given reasonable notification by registered or
certified mail of the following information:
· A statement of the date, time and place of hearing;
· A statement of the authority and jurisdiction;
· A reference to the particular section of the Act involved;
· A notice to the parties of the specific charges involved;
· The right of both parties to be represented by legal counsel;
· The right of each party to present evidence;
· The right of each party to cross-examine.
5. A hearing can be rescheduled at the request of either party for just cause.
6. The hearing shall be conducted by the Executive Committee of the Georgia Mountains Workforce Investment
Board. This committee may designate staff and/or other parties to serve as the hearing officer. However, no
GMWIB or staff member who has been directly involved in the events from which the complaint arose shall serve
as a decision-maker in such complaint. If the complaint is against the GMWIB itself, an impartial person will be
secured by the GMWIB to serve as the hearing officer. Impartial hearing officers shall be chosen from qualified
individuals with expertise in the area from which the complaint arises. When an impartial hearing officer is
necessary, the GMWIB Director will be notified to provide a qualified person. The right to an impartial decision-
maker shall not be abrogated by the Georgia Mountains Workforce Investment Board or Workforce Development
Area 2. In an age of advanced communication options and to encourage timely responses to all complaints, the
GMWIB may utilize e-mail, internet-based meeting facilities, in-person or any other mutually acceptable formats
to conduct a hearing.
7. The Executive Committee of the Georgia Mountains Workforce Investment Board, or, its designee acting as a
hearing officer, shall have the authority to regulate the course of the hearing, set the time and place for continued
hearings, fix the time for filing briefs, and dispose of motions.
8. A complete record of the hearing shall be made and maintained for three years and include the following:
a. all pleadings, motions, and intermediate ruling;
b. detailed minutes or mechanical recording of the oral testimony and all other evidence presented;
c. a statement of matters officially noted;
d. all staff memoranda or data submitted to the Georgia Mountains Workforce Investment Board
Executive
Committee or its designee in connection with their consideration of the case;
e. findings of fact based on the evidence submitted at the hearing;
f. notification of both parties of further appeal procedures, if applicable; and
g. final decision of the hearing officer.
A written report of all complaints received within the Georgia Mountains Workforce Investment Board office will be
filed on-site by the tenth day of the month following the report month. The report will include the name of the
complainant, the name and/or organization of the respondent, the date the complaint was filed, nature of the
complaint, and the resolution of the complaint (if rendered). If no complaints are received during a given month,
no report is due. If there are status updates to previous complaints, a report must be sent to the State by the
tenth day of the following month.
GOVERNOR’S REVIEW OF THE GRIEVANCE
The complainant shall be informed of the right to request a review of his or her complaint by the Governor if: 1)
the complainant does not receive a decision at the Georgia Mountains Workforce Investment Board level within
sixty days of filing the complaint, or 2) the complainant receives a decision unsatisfactory to him or her.
The request for review should be submitted to: Commissioner, Georgia Department of Labor, Sussex Place,
148 Andrew Young International Blvd., NE, Atlanta, GA 30503-1751. The request for review of the complaint by
the Governor must be filed within ten days of receipt of the adverse decision or within fifteen days from the date
on which the complainant should have received a decision. The Governor will conduct a review of the complaint
and issue a decision within thirty days from the date of receipt of the review request. The decision rendered by
the Governor will be final.
OTHER GRIEVANCES
1. Complaints arising from contracts or vendor agreements with Georgia public schools such as those which
pertain to disciplinary actions of teachers or students, grading policy or teacher employment contracts will be
handled by the grievance procedure outlined in OCGA 20-2-1160, 20-2-109, 20-2-50. Grievance hearings held
by public school service providers should be consistent with State policy/procedures and must be initiated within
30 days of filing of the grievance and a decision rendered within 60 days of the filing date of the grievance.
Where grievances arise in the area’s outlined above, the service provider will submit to the Georgia Mountains
Workforce Investment Board (GMWIB) within five (5) days, summaries or checklists of Georgia Mountains
Workforce Investment Area 2 complaints filed. Hearings held, decisions rendered and appeals filed shall be
provided to GMWIB within 10 days of the decision being finalized.
If a complainant does not receive a decision within 60 days of filing the complaint or receives an unsatisfactory
decision, the complainant then has the right to request a review by the Governor. The request for review should
be submitted to the State Superintendent of Schools, Georgia Department of Education, 2066 Twin Towers East,
Atlanta, Georgia 30334. [NOTE: For the purpose of this section, the State Superintendent of Schools or his/her
designee acts as the Governor’s authorized representative.]
Complaints which pertain to terms of the contract between the school and the GMWIB, which may include
curriculum and course content, provision of teaching materials and equipment, eligibility, customer selection, or
other terms made part of the contract, should be handled by the grievance procedure as presented in the WIA
Grievance Procedure section.
2. Complaints against the Georgia Department of Labor Career Centers should be filed with the complaint
specialist or Career Center Manager in accordance with their policies and procedures.
3. Complaints alleging labor standards violations may be filed using the established local and State
Grievance Procedures or submitted to a binding arbitration procedure, if a collective bargaining agreement
covering the parties to the grievance so provides.
4. Applicants, customers, service providers, bidders, WIA funded staff or other interested parties alleging
violations of the Acts, regulations, subgrants, or other contracts under WIA (other than discrimination complaints)
shall utilize the WIA Grievance Procedures in filing a complaint. Individuals shall be informed of this right by the
Georgia Department of Labor/Georgia Mountains Workforce Investment Area 2 staff.
Revised 05/09