cfr_sections
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36 rows where agency = "DOL" and part_number = 658 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 20:20:4.0.1.1.2.2.3.1 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.400 Purpose and scope of subpart. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 88 FR 82731, Nov. 24, 2023] | (a) This subpart sets forth the regulations governing the Complaint System for the Wagner-Peyser Act Employment Service (ES) at the State and Federal levels. Specifically, the Complaint System processes complaints against an employer about the specific job to which the applicant was referred through the ES and complaints involving the failure to comply with the ES regulations under parts 651, 652, 653, and 654 of this chapter and this part. As noted in § 658.411(d)(6), this subpart only covers ES-related complaints made within 2 years of the alleged violation. (b) Any complaints alleging violations under the Unemployment Insurance program, under Workforce Innovation and Opportunity Act (WIOA) title I programs, or complaints by veterans alleging employer violations of the mandatory listing requirements under 38 U.S.C. 4212 are not covered by this subpart and must be referred to the appropriate administering agency which would follow the procedures set forth in the respective regulations. (c) The Complaint System also accepts, refers, and, under certain circumstances, tracks complaints involving employment-related laws as defined in § 651.10 of this chapter. (d) A complainant may designate an individual to act as their representative. | ||||
| 20:20:4.0.1.1.2.2.3.2 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.410 Establishment of local and State complaint systems. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 85 FR 628, Jan. 6, 2020; 88 FR 82731, Nov. 24, 2023] | (a) Each State Workforce Agency (SWA) must establish and maintain a Complaint System pursuant to this subpart. (b) The State Administrator must have overall responsibility for the operation of the Complaint System; this includes responsibility for the informal resolution of complaints. In the ES office, the ES Office Manager is responsible for the operation of the Complaint System. (c) SWAs must ensure centralized control procedures are established for the processing of complaints and apparent violations. The ES Office Manager and the State Administrator must ensure a central complaint log is maintained, listing all complaints taken by the ES office or the SWA and apparent violations identified by ES staff, and specifying for each complaint or apparent violation: (1) The name of the complainant (for complaints); (2) The name of the respondent (employer or State agency); (3) The date the complaint is filed or the apparent violation was identified; (4) Whether the complaint is made by or on behalf of a migrant and seasonal farmworker (MSFW) or whether the apparent violation affects an MSFW; (5) Whether the complaint or apparent violation concerns an employment-related law or the ES regulations; and (6) The actions taken (including any documents the SWA sent or received and the date the SWA took such action(s)), and whether the complaint or apparent violation has been resolved, including informally. (d) State agencies must ensure information pertaining to the use of the Complaint System is publicized, which must include, but is not limited to, the prominent display of an Employment and Training Administration (ETA)-approved Complaint System poster in each one-stop center. (e) Each one-stop center must ensure there is appropriate staff available during regular office hours to take complaints. (f) Complaints may be accepted in any one-stop center, or by a SWA, or elsewhere by outreach staff. (g) All complaints filed through the ES office must be processed by a trained Complaint System Representative. (h) … | ||||
| 20:20:4.0.1.1.2.2.3.3 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.411 Action on complaints. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 85 FR 629, Jan. 6, 2020; 88 FR 82731, Nov. 24, 2023] | (a) Filing complaints. (1) Whenever an individual indicates an interest in filing a complaint under this subpart with an ES office, the SWA, or outreach staff, the individual receiving the complaint must offer to explain the operation of the Complaint System and must offer to take the complaint in writing. (2) During the initial discussion with the complainant, the staff taking the complaint must: (i) Make every effort to obtain all the information they perceive to be necessary to investigate the complaint; (ii) Request that the complainant indicate all of the physical addresses, email addresses, telephone numbers, and any other helpful means by which they might be contacted during the investigation of the complaint; and (iii) Request that the complainant contact the Complaint System Representative before leaving the area if possible, and explain the need to maintain contact during the investigation. (3) The staff must ensure the complainant (or their representative) submits the complaint on the Complaint/Referral Form or another complaint form prescribed or approved by the Department or submits complaint information which satisfies paragraph (a)(4) of this section. The Complaint/Referral Form must be used for all complaints, including complaints about unlawful discrimination, except as provided in paragraph (a)(4) of this section. The staff must offer to assist the complainant in filling out the form and submitting all necessary information and must do so if the complainant desires such assistance. If the complainant also represents several other complainants, all such complainants must be named. The complainant, or their representative, must sign the completed form in writing or electronically. The identity of the complainant(s) and any persons who furnish information relating to, or assisting in, an investigation of a complaint must be kept confidential to the maximum extent possible, consistent with applicable law and a fair determination of the complaint. A copy of the completed complaint submission m… | ||||
| 20:20:4.0.1.1.2.2.3.4 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.417 State hearings. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 88 FR 82732, Nov. 24, 2023] | (a) The hearing described in § 658.411(d)(5) must be held by State hearing officials. A State hearing official may be any State official authorized to hold hearings under State law. Examples of hearing officials are referees in State unemployment compensation hearings and officials of the State agency authorized to preside at State administrative hearings. (b) The State hearing official may decide to conduct hearings on more than one complaint concurrently if they determine that the issues are related or that the complaints will be processed more expeditiously if conducted together. (c) The State hearing official, upon the referral of a case for a hearing, must: (1) Notify all involved parties of the date, time, and place of the hearing; and (2) Reschedule the hearing, as appropriate. (d) In conducting a hearing, the State hearing official must: (1) Regulate the course of the hearing; (2) Issue subpoenas if necessary, provided the official has the authority to do so under State law; (3) Ensure that all relevant issues are considered; (4) Rule on the introduction of evidence and testimony; and (5) Take all actions necessary to ensure an orderly proceeding. (e) All testimony at the hearing must be recorded and may be transcribed when appropriate. (f) The parties must be afforded the opportunity to present, examine, and cross-examine witnesses. (g) The State hearing official may elicit testimony from witnesses, but may not act as advocate for any party. (h) The State hearing official must receive and include in the record, documentary evidence offered by any party and accepted at the hearing. Copies thereof must be made available by the party submitting the document to other parties to the hearing upon request. (i) Federal and State rules of evidence do not apply to hearings conducted pursuant to this section; however rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination, must be applied where reasonably necessar… | ||||
| 20:20:4.0.1.1.2.2.3.5 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.418 Decision of the State hearing official. | DOL | (a) The State hearing official may: (1) Rule that it lacks jurisdiction over the case; (2) Rule that the complaint has been withdrawn properly in writing; (3) Rule that reasonable cause exists to believe that the request has been abandoned; or (4) Render such other rulings as are appropriate to resolve the issues in question. However, the State hearing official does not have authority or jurisdiction to consider the validity or constitutionality of the ES regulations or of the Federal statutes under which they are promulgated. (b) Based on the entire record, including the investigations and determinations of the ES offices and State agencies and any evidence provided at the hearing, the State hearing official must prepare a written decision. The State hearing official must send a copy of the decision stating the findings of fact and conclusions of law, and the reasons therefor to the complainant, the respondent, entities serving as amicus capacity (if any), the State agency, the Regional Administrator, and the Solicitor of Labor, Attn: Associate Solicitor for Employment and Training Legal Services, Department of Labor, Room N2101, 200 Constitution Avenue NW., Washington, DC 20210. The notification to the complainant and respondent must be sent by certified mail or by other legally viable means. (c) All decisions of a State hearing official must be accompanied by a written notice informing the parties (not including the Regional Administrator, the Solicitor of Labor, or entities serving in an amicus capacity) that they may appeal the judge's decision within 20 working days of the certified date of receipt of the decision, and they may file an appeal in writing with the Regional Administrator. The notice must give the address of the Regional Administrator. | |||||
| 20:20:4.0.1.1.2.2.3.6 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.419 Apparent violations. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 85 FR 629, Jan. 6, 2020; 88 FR 82732, Nov. 24, 2023] | (a) If an ES staff member observes, has reason to believe, or is in receipt of information regarding an apparent violation, except as part of a field check under § 653.503 of this chapter, the staff member must document the apparent violation and refer it to the ES Office Manager, who must ensure the apparent violation is documented in the Complaint System log, as described at § 658.410. (b) If the employer has filed a job order with the ES office within the past 12 months, the ES office must attempt informal resolution provided at § 658.411. (c) If the employer has not filed a job order with the ES office during the past 12 months, the suspected violation of an employment-related law must be referred to the appropriate enforcement agency in writing. (d) Apparent violations of nondiscrimination laws must be processed according to the procedures described in § 658.411(c). | ||||
| 20:20:4.0.1.1.2.2.4.10 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.424 Proceedings before the Office of Administrative Law Judges. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 88 82733, Nov. 24, 2023] | (a) If a party requests a hearing pursuant to § 658.421 or § 658.707, the Regional Administrator must: (1) Send the party requesting the hearing, and all other parties to the prior State level hearing, a written notice (hard copy or electronic) that the matter will be referred to the Office of Administrative Law Judges for a hearing; (2) Compile four hearing files (hard copy or electronic) containing copies of all documents relevant to the case, indexed and compiled chronologically; and (3) Send simultaneously one hearing file to the Department of Labor Chief Administrative Law Judge, 800 K Street NW., Suite 400N, Washington, DC 20001-8002, one hearing file to the OWI Administrator, and one hearing file to the Solicitor of Labor, Attn: Associate Solicitor for Employment and Training Legal Services, and retain one hearing file. (b) Proceedings under this section are governed by the rules of practice and procedure at subpart A of 29 CFR part 18, Rule of Practice and Procedure for Administrative Hearings before the Office of Administrative Law Judges, except where otherwise specified in this section or at § 658.425. (c) Upon receipt of a hearing file, the ALJ designated to the case must notify the party requesting the hearing, all parties to the prior State hearing official hearing (if any), the State agency, the Regional Administrator, the OWI Administrator, and the Solicitor of Labor of the receipt of the case. After conferring all the parties, the ALJ may decide to make a determination on the record in lieu of scheduling a hearing. (d) The ALJ may decide to consolidate cases and conduct hearings on more than one complaint concurrently if they determine that the issues are related or that the complaints will be processed more expeditiously. (e) If the parties to the hearing are located in more than one State or are located in the same State but access to the hearing location is extremely inconvenient for one or more parties as determined by the ALJ, the ALJ must: (1) Whenever possible, hold a single hearin… | ||||
| 20:20:4.0.1.1.2.2.4.11 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.425 Decision of Department of Labor Administrative Law Judge. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 88 FR 82733, Nov. 24, 2023] | (a) The ALJ may: (1) Rule that they lack jurisdiction over the case: (2) Rule that the appeal has been withdrawn, with the written consent of all parties; (3) Rule that reasonable cause exists to believe that the appeal has been abandoned; or (4) Render such other rulings as are appropriate to the issues in question. However, the ALJ does not have jurisdiction to consider the validity or constitutionality of the ES regulations or of the Federal statutes under which they are promulgated. (b) Based on the entire record, including any legal briefs, the record before the State agency, the investigation (if any) and determination of the Regional Administrator, and evidence provided at the hearing, the ALJ must prepare a written decision. The ALJ must send a copy of the decision stating the findings of fact and conclusions of law to the parties to the hearing, including the State agency, the Regional Administrator, the OWI Administrator, and the Solicitor, and to entities filing amicus briefs (if any). (c) The decision of the ALJ serves as the final decision of the Secretary. | ||||
| 20:20:4.0.1.1.2.2.4.12 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.426 Complaints against the United States Employment Service. | DOL | (a) Complaints alleging that an ETA regional office or the National Office has violated ES regulations must be mailed to the Assistant Secretary for Employment and Training, U.S. Department of Labor, Washington, DC 20210. Such complaints must include: (1) A specific allegation of the violation; (2) The date of the incident; (3) Location of the incident; (4) The individual alleged to have committed the violation; and (5) Any other relevant information available to the complainant. (b) The Assistant Secretary or the Regional Administrator as designated must make a determination and respond to the complainant after investigation of the complaint. | |||||
| 20:20:4.0.1.1.2.2.4.13 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.427 Severability. | DOL | [88 FR 82733, Nov. 24, 2023] | Should a court hold any portion of any provision of this part to be invalid, the provision will be construed so as to continue to give the maximum effect to the provision permitted by law, unless such holding is one of total invalidity or unenforceability, in which event the provision or subprovision will be severable from this part and will not affect the remainder thereof. | ||||
| 20:20:4.0.1.1.2.2.4.7 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.420 Responsibilities of the Employment and Training Administration regional office. | DOL | [81 FR 56352, Aug. 19, 2016, as amended 88 FR 82733, Nov. 24, 2023] | (a) Each Regional Administrator must establish and maintain a Complaint System within each ETA regional office. (b) The Regional Administrator must designate Department of Labor officials to process ES regulation-related complaints as follows: (1) All complaints received at the ETA regional office under this subpart that allege unlawful discrimination or reprisal for protected activity in violation of nondiscrimination laws, such as those enforced by the EEOC or CRC, or in violation of the Immigration and Nationality Act's anti-discrimination provision found at 8 U.S.C. 1324b, must be logged and immediately referred to the appropriate State-level E.O. Officer(s). (2) All complaints other than those described in paragraph (b)(1) of this section must be assigned to a regional office official designated by the Regional Administrator, provided that the regional office official designated to process MSFW complaints must be the Regional Monitor Advocate (RMA). (c) Except for those complaints under paragraph (b)(1) of this section, the Regional Administrator must designate Department of Labor officials to process employment-related law complaints in accordance with § 658.422, provided that the regional official designated to process MSFW employment-related law complaints must be the RMA. The RMA must follow up monthly on all complaints filed by MSFWs including complaints under paragraph (b)(1) of this section. (d) The Regional Administrator must ensure that all complaints and all related documents and correspondence are logged with a notation of the nature of each item. | ||||
| 20:20:4.0.1.1.2.2.4.8 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.421 Processing of Wagner-Peyser Act Employment Service regulation-related complaints. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 88 FR 82733, Nov. 24, 2023] | (a)(1) Except as provided below in paragraph (a)(2) of this section, no complaint alleging a violation of the ES regulations may be processed at the ETA regional office level until the complainant has exhausted the SWA administrative remedies set forth at §§ 658.411 through 658.418. If the Regional Administrator determines that a complaint has been prematurely filed with an ETA regional office, the Regional Administrator must inform the complainant within 10 working days in writing that the complainant must first exhaust those remedies before the complaint may be filed in the regional office. A copy of this letter and a copy of the complaint also must be sent to the State Administrator. (2) If a complaint is submitted directly to the Regional Administrator and if they determine that the nature and scope of a complaint described in paragraph (a) of this section is such that the time required to exhaust the administrative procedures at the SWA level would adversely affect a significant number of individuals, the RA must accept the complaint and take the following action: (i) If the complaint is filed against an employer, the regional office must process the complaint in a manner consistent with the requirements imposed upon State agencies by §§ 658.411 and 658.418. A hearing must be offered to the parties once the Regional Administrator makes a determination on the complaint. (ii) If the complaint is filed against a SWA, the regional office must follow procedures established at § 658.411(d). (b) The ETA regional office is responsible for processing appeals of determinations made on complaints at the SWA level. An appeal includes any letter or other writing which the Regional Administrator reasonably understands to be requesting review if it is received by the regional office and signed by a party to the complaint. (c)(1) Once the Regional Administrator receives a timely appeal, they must request the complete SWA file, including the original Complaint/Referral Form from the appropriate SWA. (2) The Regional… | ||||
| 20:20:4.0.1.1.2.2.4.9 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | E | Subpart E—Employment Service and Employment-Related Law Complaint System (Complaint System) | § 658.422 Processing of employment-related law complaints by the Regional Administrator. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 88 FR 82733, Nov. 24, 2023] | (a) This section applies to all complaints submitted directly to the Regional Administrator or their representative. (b) Each complaint filed by an MSFW alleging violation(s) of employment-related laws must be taken in writing, logged, and referred to the appropriate enforcement agency for prompt action. If such a complaint alleges a violation of nondiscrimination laws or reprisal for protected activity, it must be referred to the appropriate State-level E.O. Officer in accordance with § 658.420(b)(1). (c) Each complaint submitted by a non-MSFW alleging violation(s) of employment-related laws must be logged and referred to the appropriate enforcement agency for prompt action. If such a complaint alleges a violation of nondiscrimination laws or reprisal for protected activity, it must be referred to the appropriate State-level E.O. Officer in accordance with § 658.420(b)(1). (d) Upon referring the complaint in accordance with paragraphs (b) and (c) of this section, the regional official must inform the complainant of the enforcement agency (and individual, if known) to which the complaint was referred. | ||||
| 20:20:4.0.1.1.2.3.5.1 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | F | Subpart F—Discontinuation of Services to Employers by the Wagner-Peyser Act Employment Service | § 658.500 Scope and purpose of subpart. | DOL | [89 FR 34065, Apr. 29, 2024] | (a) This subpart contains the regulations governing the discontinuation of services provided by the ES to employers pursuant to parts 652 and 653 of this chapter. (b) For purposes of this subpart only, where the term “employer” is used, it refers to employers, agents, farm labor contractors, joint employers, and successors in interest to any employer, agent, farm labor contractor, or joint employer, as defined at § 651.10 of this chapter. A successor in interest to an employer, agent, or farm labor contractor may be held liable for the duties and obligations of that employer, agent, or farm labor contractor for purposes of recruitment of workers through the ES clearance system or enforcement of ES regulations, regardless of whether such successor in interest has succeeded to all the rights and liabilities of the predecessor entity. | ||||
| 20:20:4.0.1.1.2.3.5.2 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | F | Subpart F—Discontinuation of Services to Employers by the Wagner-Peyser Act Employment Service | § 658.501 Basis for discontinuation of services. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 85 FR 629, Jan. 6, 2020; 89 FR 34065, Apr. 29, 2024] | (a) SWA officials must initiate procedures for discontinuation of services to employers who: (1) Submit and refuse to correct or withdraw job orders containing terms and conditions that are contrary to employment-related laws; (2) Submit job orders and refuse to provide assurances, or refuse to withdraw job orders that do not contain assurances, required pursuant to the Agricultural Recruitment System for U.S. Workers at part 653, subpart F, of this chapter; (3) Are found through field checks or otherwise to have either misrepresented the terms or conditions of employment specified on job orders or failed to comply fully with assurances made on job orders; (4) Are found by a final determination by an appropriate enforcement agency to have violated any employment-related laws and notification of this final determination has been provided to the Department or the SWA by that enforcement agency, including those who are currently debarred from participating in the H-2A or H-2B foreign labor certification programs pursuant to § 655.73 or § 655.182 of this chapter or 29 CFR 501.20 or 503.24; (5) Are found to have violated ES regulations pursuant to § 658.411 or § 658.419; (6) Refuse to accept qualified workers referred through the clearance system for criteria clearance orders filed pursuant to part 655, subpart B, of this chapter; (7) Refuse to cooperate in field checks conducted pursuant to § 653.503 of this chapter; or (8) Repeatedly cause the initiation of the procedures for discontinuation of services pursuant to paragraphs (a)(1) through (7) of this section. (b) If an ES office or SWA has information that an employer participating in the ES may have committed fraud or misrepresentation in connection with its current or prior temporary labor certification or may not have complied with the terms of such certification, under, for example the H-2A and H-2B visa programs, SWA officials must notify the OFLC National Processing Center and the Wage and Hour Division of the alleged noncompliance as applicable und… | ||||
| 20:20:4.0.1.1.2.3.5.3 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | F | Subpart F—Discontinuation of Services to Employers by the Wagner-Peyser Act Employment Service | § 658.502 Notification to employers of intent to discontinue services. | DOL | [89 FR 34066, Apr. 29, 2024] | (a) Except as provided in paragraph (b) of this section, where the SWA determines that there is an applicable basis for discontinuation of services under § 658.501(a)(1) through (8), the SWA must notify the employer in writing that it intends to discontinue the provision of ES services in accordance with this section and must provide the reasons for proposing discontinuation of services. (1) Where the decision is based on § 658.501(a)(1), the SWA must specify the date the order was submitted, the job order involved, and the terms and conditions contrary to employment-related laws and the laws involved. The SWA must notify the employer in writing that all ES services will be terminated unless the employer within 20 working days: (i) Provides adequate evidence that the terms and conditions are not contrary to employment-related laws; (ii) Withdraws the terms and conditions and resubmits the job order in compliance with all employment-related laws; or (iii) If the job is no longer available, makes assurances that all future job orders submitted will be in compliance with all employment-related laws. (2) Where the decision is based on § 658.501(a)(2), the SWA must specify the date the order was submitted, the job order involved, the assurances involved, and explain how the employer refused to provide the assurances. The SWA must notify the employer that all ES services will be terminated unless the employer within 20 working days: (i) Resubmits the order with the required assurances; or (ii) If the job is no longer available, makes assurances that all future job orders submitted will contain all assurances required pursuant to the Agricultural Recruitment System for U.S. Workers at part 653, subpart F, of this chapter. (3) Where the decision is based on § 658.501(a)(3), the SWA must specify the terms and conditions the employer misrepresented or the assurances with which the employer did not fully comply, and explain how the employer misrepresented the terms or conditions or failed to comply with assurances o… | ||||
| 20:20:4.0.1.1.2.3.5.4 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | F | Subpart F—Discontinuation of Services to Employers by the Wagner-Peyser Act Employment Service | § 658.503 Discontinuation of services. | DOL | [89 FR 34067, Apr. 29, 2024] | (a) Within 20 working days of receipt of the employer's response to the SWA's notification under § 658.502(a), or at least 20 working days after the SWA's notification has been received by the employer if the SWA does not receive a response, the SWA must notify the employer in writing of its final determination. If the SWA determines that the employer did not provide a satisfactory response in accordance with § 658.502(a), the SWA's notification must specify the reasons for its determination and state that the discontinuation of services is effective 20 working days from the date of the notification. The notification must also state that the employer may request reinstatement or appeal the determination by requesting a hearing pursuant to § 658.504, and that a request for a hearing stays the discontinuation pending the outcome of the hearing. If the employer does not request a hearing, the SWA must also notify the ETA Office of Workforce Investment of any final determination to discontinue ES services within 10 working days of the date the determination becomes effective. (b) Where the SWA discontinues services immediately under § 658.502(b), the SWA's written notification must specify the facts supporting the applicable basis for discontinuation under § 658.501(a), the reasons that exhaustion of the administrative procedures would cause substantial harm to workers, and that services are discontinued as of the date of the notification. The notification must also state that the employer may request reinstatement or appeal the determination by requesting a hearing pursuant to § 658.504, and that a request for a hearing relating to immediate discontinuation does not stay the discontinuation pending the outcome of the hearing. Within 10 working days of the date of issuance, the SWA must also notify the ETA Office of Workforce Investment of any determination to immediately discontinue ES services. (c) If the SWA discontinues services to an employer that is subject to Federal Contractor Job Listing Requirements, the … | ||||
| 20:20:4.0.1.1.2.3.5.5 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | F | Subpart F—Discontinuation of Services to Employers by the Wagner-Peyser Act Employment Service | § 658.504 Reinstatement of services. | DOL | [89 FR 34067, Apr. 29, 2024] | (a) Where the SWA discontinues services to an employer under § 658.502(b) or § 658.503, the employer may submit a written request for reinstatement of services to the SWA or may, within 20 working days of receiving notice of the SWA's final determination, appeal the discontinuation by submitting a written request for a hearing. (b) If the employer submits a written request for reinstatement of services to the SWA: (1) Within 20 working days of receipt of the employer's request for reinstatement, the SWA must notify the employer of its decision to grant or deny the request. If the SWA denies the request for reinstatement, it must specify the reasons for the denial and notify the employer that it may request a hearing, in accordance with paragraph (c) of this section, within 20 working days. (2) The SWA must reinstate services if: (i) The employer provides adequate evidence that the policies, procedures, or conditions responsible for the previous discontinuation of services have been corrected and that the same or similar circumstances are not likely to occur in the future; and (ii) The employer provides adequate evidence that it has responded to all findings of an enforcement agency, SWA, or ETA, including payment of any fines or restitution to remediate the violation, that were the basis of the discontinuation of services, if applicable. (c) If the employer submits a timely request for a hearing: (1) The SWA must follow the procedures set forth in § 658.417; and (2) The SWA must reinstate services to the employer if ordered to do so by a State hearing official, Regional Administrator, or Federal Administrative Law Judge as a result of a hearing offered pursuant to paragraph (c)(1) of this section. (d) Within 10 working days of the date of issuance, the SWA must notify the ETA Office of Workforce Investment of any determination to reinstate ES services, or any decision on appeal upholding a SWA's determination to discontinue services. | ||||
| 20:20:4.0.1.1.2.4.5.1 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | G | Subpart G—Review and Assessment of State Workforce Agency Compliance With Employment Service Regulations | § 658.600 Scope and purpose of subpart. | DOL | This subpart sets forth the regulations governing review and assessment of State Workforce Agency (SWA) compliance with the ES regulations at this part and parts 651, 652, 653, and 654 of this chapter. All recordkeeping and reporting requirements contained in this part and part 653 of this chapter have been approved by the Office of Management and Budget as required by the Paperwork Reduction Act of 1980. | |||||
| 20:20:4.0.1.1.2.4.5.2 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | G | Subpart G—Review and Assessment of State Workforce Agency Compliance With Employment Service Regulations | § 658.601 State Workforce Agency responsibility. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 85 FR 629, Jan. 6, 2020] | (a) Each SWA must establish and maintain a self-appraisal system for ES operations to determine success in reaching goals and to correct deficiencies in performance. The self-appraisal system must include numerical (quantitative) appraisal and non-numerical (qualitative) appraisal. (1) Numerical appraisal at the ES office level must be conducted as follows: (i) Performance must be measured on a quarterly-basis against planned service levels as stated in the Unified or Combined State Plan (“State Plan”). The State Plan must be consistent with numerical goals contained in ES office plans. (ii) To appraise numerical activities/indicators, actual results as shown on the Department's ETA Form 9172, or any successor report required by the Department must be compared to planned levels. Differences between achievement and plan levels must be identified. (iii) When the numerical appraisal of required activities/indicators identifies significant differences from planned levels, additional analysis must be conducted to isolate possible contributing factors. This data analysis must include, as appropriate, comparisons to past performance, attainment of State Plan goals and consideration of pertinent non-numerical factors. (iv) Results of ES office numerical reviews must be documented and significant deficiencies identified. A corrective action plan as described in paragraph (a)(6) of this section must be developed to address these deficiencies. (v) The result of ES office appraisal, including corrective action plans, must be communicated in writing to the next higher level of authority for review. This review must cover adequacy of analysis, appropriateness of corrective actions, and need for higher level involvement. When this review is conducted at an area or district office, a report describing ES office performance within the area or district jurisdiction must be communicated to the SWA on a quarterly basis. (2) Numerical appraisal at the SWA level must be conducted as follows: (i) Performance must be measured on… | ||||
| 20:20:4.0.1.1.2.4.5.3 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | G | Subpart G—Review and Assessment of State Workforce Agency Compliance With Employment Service Regulations | § 658.602 Employment and Training Administration National Office responsibility. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 85 FR 629, Jan. 6, 2020; 88 FR 82733, Nov. 24, 2023] | The ETA National Office must: (a) Monitor ETA Regional Offices' operations under ES regulations; (b) From time to time, conduct such special reviews and audits as necessary to monitor ETA regional office and SWA compliance with ES regulations; (c) Offer technical assistance to the ETA regional offices and SWAs in carrying out ES regulations and programs; (d) Have report validation surveys conducted in support of resource allocations; and (e) Develop tools and techniques for reviewing and assessing SWA performance and compliance with ES regulations. (f) ETA must appoint a National Monitor Advocate (NMA), who must devote full time to the duties set forth in this subpart. The NMA must: (1) Review the effective functioning of the Regional Monitor Advocates (RMAs) and SMAs; (2) Review the performance of SWAs in providing the full range of ES services to MSFWs; (3) Take steps to resolve or refer ES-related problems of MSFWs which come to their attention; (4) Take steps to refer non-ES-related problems of MSFWs which come to their attention; (5) Recommend to the Administrator changes in policy toward MSFWs; and (6) Serve as an advocate to improve services for MSFWs within the ES system. The NMA must be a member of the National Farm Labor Coordinated Enforcement Staff Level Working Committee and other Occupational Safety and Health Administration (OSHA) and Wage and Hour Division (WHD) task forces, and other committees as appropriate. (g) The NMA must be appointed by the Office of Workforce Investment Administrator (Administrator) after informing farmworker organizations and other organizations with expertise concerning MSFWs of the opening and encouraging them to refer qualified applicants to apply through the Federal merit system. Among qualified candidates, determined through merit systems procedures, individuals must be sought who meet the criteria used in the selection of the SMAs, as provided in SWA self-monitoring requirements at § 653.108(a) of this chapter. (h) The NMA must be assigned staff necess… | ||||
| 20:20:4.0.1.1.2.4.5.4 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | G | Subpart G—Review and Assessment of State Workforce Agency Compliance With Employment Service Regulations | § 658.603 Employment and Training Administration regional office responsibility. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 85 FR 630, Jan. 6, 2020; 88 FR 82734, Nov. 24, 2023] | (a) The Regional Administrator must have responsibility for the regular review and assessment of SWA performance and compliance with ES regulations. (b) The Regional Administrator must participate with the National Office staff in reviewing and approving the State Plan for the SWAs within the region. In reviewing the State Plans the Regional Administrator and appropriate National Office staff must consider relevant factors including the following: (1) State Workforce Agency compliance with ES regulations; (2) State Workforce Agency performance against the goals and objectives established in the previous State Plan; (3) The effect which economic conditions and other external factors considered by the ETA in the resource allocation process may have had or are expected to have on the SWA's performance; (4) SWA adherence to national program emphasis; and (5) The adequacy and appropriateness of the State Plan for carrying out ES programs. (c) The Regional Administrator must assess the overall performance of SWAs on an ongoing basis through desk reviews and the use of required reporting systems and other available information. (d) As appropriate, Regional Administrators must conduct or have conducted: (1) Comprehensive on-site reviews of SWAs and their offices to review SWA organization, management, and program operations; (2) Periodic performance reviews of SWA operation of ES programs to measure actual performance against the State Plan, past performance, the performance of other SWAs, etc.; (3) Audits of SWA programs to review their program activity and to assess whether the expenditure of grant funds has been in accordance with the approved budget. Regional Administrators also may conduct audits through other agencies or organizations or may require the SWA to have audits conducted; (4) Validations of data entered into management information systems to assess: (i) The accuracy of data entered by the SWAs into the management information system; (ii) Whether the SWAs' data validating and reviewing proce… | ||||
| 20:20:4.0.1.1.2.4.5.5 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | G | Subpart G—Review and Assessment of State Workforce Agency Compliance With Employment Service Regulations | § 658.604 Assessment and evaluation of program performance data. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 88 FR 82736, Nov. 24, 2023] | (a) State Workforce Agencies must compile program performance data required by the Department, including statistical information on program operations. (b) The Department must use the program performance data in assessing and evaluating whether each SWA has complied with ES regulations and its State Plan. (c) In assessing and evaluating program performance data, the Department must act in accordance with the following general principles: (1) The fact that the program performance data from a SWA, whether overall or relative to a particular program activity, indicate poor program performance does not by itself constitute a violation of ES regulations or of the State Workforce Agency's responsibilities under its State Plan; (2) Program performance data, however, may so strongly indicate that a SWA's performance is so poor that the data may raise a presumption ( prima facie case) that a SWA is violating ES regulations or the State Plan. A SWA's failure to meet the operational objectives set forth in the State Plan raises a presumption that the agency is violating ES regulations and/or obligations under its State Plan. In such cases, the Department must afford the SWA an opportunity to rebut the presumption of a violation pursuant to the procedures at subpart H of this part. (3) The Department must take into account that certain program performance data may measure items over which SWAs have direct or substantial control while other data may measure items over which the SWA has indirect or minimal control. (i) Generally, for example, a SWA has direct and substantial control over the delivery of ES services such as referrals to jobs, job development contacts, counseling, referrals to career and supportive services, and the conduct of field checks. (ii) State Workforce Agencies, however, have only indirect control over the outcome of services. For example, SWAs cannot guarantee that an employer will hire a referred applicant, nor can they guarantee that the terms and conditions of employment will be as stated on… | ||||
| 20:20:4.0.1.1.2.4.5.6 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | G | Subpart G—Review and Assessment of State Workforce Agency Compliance With Employment Service Regulations | § 658.605 Communication of findings to State agencies. | DOL | (a) The Regional Administrator must inform SWAs in writing of the results of review and assessment activities and, as appropriate, must discuss with the State Administrator the impact or action required by the Department as a result of review and assessment activities. (b) The ETA National Office must transmit the results of any review and assessment activities it conducted to the Regional Administrator who must send the information to the SWA. (c) Whenever the review and assessment indicates a SWA violation of ES regulations or its State Plan, the Regional Administrator must follow the procedures set forth at subpart H of this part. (d) Regional Administrators must follow-up any corrective action plan imposed on a SWA under subpart H of this part by further review and assessment of the State Workforce Agency pursuant to this subpart. | |||||
| 20:20:4.0.1.1.2.5.5.1 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.700 Scope and purpose of subpart. | DOL | This subpart sets forth the procedures which the Department must follow upon either discovering independently or receiving from other(s) information indicating that SWAs may not be adhering to ES regulations. | |||||
| 20:20:4.0.1.1.2.5.5.10 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.709 Conduct of hearings. | DOL | (a) Proceedings under this section are governed by secs. 5 through 8 of the Administrative Procedure Act, 5 U.S.C. 553 et seq. and the rules of practice and procedure at subpart A of 29 CFR part 18, except as otherwise specified in this section. (b) Technical rules of evidence do not apply, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to test by cross-examination, must be applied if necessary by the ALJ conducting the hearing. The ALJ may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record must be open to examination by the parties. Opportunity must be given to refute facts and arguments advanced on either side of the issue. A transcript must be made of the oral evidence except to the extent the substance thereof is stipulated for the record. (c) Discovery may be conducted as provided in the rules of practice and procedure at 29 CFR 18.50 through 18.65. (d) When a public officer is a respondent in a hearing in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the proceeding does not abate and the officer's successor is automatically substituted as a party. Proceedings following the substitution must be in the name of the substituted party, but any misnomer not affecting the substantive rights of the parties must be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order may not affect the substitution. | |||||
| 20:20:4.0.1.1.2.5.5.11 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.710 Decision of the Administrative Law Judge. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 86 FR 1778, Jan. 11, 2021] | (a) The ALJ has jurisdiction to decide all issues of fact and related issues of law and to grant or deny appropriate motions, but does not have jurisdiction to decide upon the validity of Federal statutes or regulations. (b) The decision of the ALJ must be based on the hearing record, must be in writing, and must state the factual and legal basis of the decision. The ALJ's decision must be available for public inspection and copying. (c) Except when the case involves the decertification of a SWA, the decision of the ALJ will be considered the final decision of the Secretary. (d) If the case involves the decertification of an appeal to the SWA, the decision of the ALJ must contain a notice stating that, within 30 calendar days of the decision, the SWA or the Administrator may appeal to the Administrative Review Board, United States Department of Labor, by filing an appeal with the Administrative Review Board in accordance with 29 CFR part 26. | ||||
| 20:20:4.0.1.1.2.5.5.12 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.711 Decision of the Administrative Review Board. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 85 FR 13030, Mar. 6, 2020; 85 FR 30615, May 20, 2020] | (a) Upon the receipt of an appeal to the Administrative Review Board, United States Department of Labor, the ALJ must certify the record in the case to the Administrative Review Board, which must make a decision to decertify or not on the basis of the hearing record. (b) The decision of the Administrative Review Board must be in writing, and must set forth the factual and legal basis for the decision. After the Board's decision becomes final, notice of the decision must be published in the Federal Register, and copies must be made available for public inspection and copying. | ||||
| 20:20:4.0.1.1.2.5.5.2 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.701 Statements of policy. | DOL | (a) It is the policy of the Department to take all necessary action, including the imposition of the full range of sanctions set forth in this subpart, to ensure State Workforce Agencies comply with all requirements established by ES regulations. (b) It is the policy of the Department to initiate decertification procedures against SWAs in instances of serious or continual violations of ES regulations if less stringent remedial actions taken in accordance with this subpart fail to resolve noncompliance. (c) It is the policy of the Department to act on information concerning alleged violations by SWAs of the ES regulations received from any person or organization. | |||||
| 20:20:4.0.1.1.2.5.5.3 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.702 Initial action by the Regional Administrator. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 88 FR 82736, Nov. 24, 2023] | (a) The ETA Regional Administrator is responsible for ensuring that all SWAs in their region are in compliance with ES regulations. (b) Wherever a Regional Administrator discovers or is apprised of possible SWA violations of ES regulations by the review and assessment activities under subpart G of this part, or through required reports or written complaints from individuals, organizations, or employers which are elevated to the Department after the exhaustion of SWA administrative remedies, the Regional Administrator must conduct an investigation. Within 10 business days after receipt of the report or other information, the Regional Administrator must make a determination whether there is probable cause to believe that a SWA has violated ES regulations. (c) The Regional Administrator must accept complaints regarding possible SWA violations of ES regulations from employee organizations, employers or other groups, without exhaustion of the complaint process described at subpart E of this part, if the Regional Administrator determines that the nature and scope of the complaint are such that the time required to exhaust the administrative procedures at the State level would adversely affect a significant number of applicants. In such cases, the Regional Administrator must investigate the matter within 10 business days, may provide the SWA 10 business days for comment, and must make a determination within an additional 10 business days whether there is probable cause to believe that the SWA has violated ES regulations. (d) If the Regional Administrator determines that there is no probable cause to believe that a SWA has violated ES regulations, they must retain all reports and supporting information in Department files. In all cases where the Regional Administrator has insufficient information to make a probable cause determination, they must so notify the Administrator in writing and the time for the investigation must be extended 20 additional business days. (e) If the Regional Administrator determines there is … | ||||
| 20:20:4.0.1.1.2.5.5.4 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.703 Emergency corrective action. | DOL | In critical situations as determined by the Regional Administrator, where it is necessary to protect the integrity of the funds, or ensure the proper operation of the program, the Regional Administrator may impose immediate corrective action. Where immediate corrective action is imposed, the Regional Administrator must notify the SWA of the reason for imposing the emergency corrective action prior to providing the SWA an opportunity to comment. | |||||
| 20:20:4.0.1.1.2.5.5.5 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.704 Remedial actions. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 85 FR 630, Jan. 6, 2020; 88 FR 82736, Nov. 24, 2023] | (a) If a SWA fails to correct violations as determined pursuant to § 658.702, the Regional Administrator must apply one or more of the following remedial actions to the SWA: (1) Imposition of special reporting requirements for a specified time; (2) Restrictions of obligational authority within one or more expense classifications; (3) Implementation of specific operating systems or procedures for a specified time; (4) Requirement of special training for ES staff; (5) With the approval of the Assistant Secretary and after affording the State Administrator the opportunity to request a conference with the Assistant Secretary, the elevation of specific decision-making functions from the State Administrator to the Regional Administrator; (6) With the approval of the Assistant Secretary and after affording the State Administrator the opportunity to request a conference with the Assistant Secretary, the imposition of Federal staff in key SWA positions; (7) With the approval of the Assistant Secretary and after affording the State Administrator the opportunity to request a conference with the Assistant Secretary, funding of the SWA on a short-term basis or partial withholding of funds for a specific function or for a specific geographical area; (8) Holding of public hearings in the State on the SWA's deficiencies; (9) Disallowance of funds pursuant to § 658.702(g); or (10) If the matter involves a serious or continual violation, the initiation of decertification procedures against the State Workforce Agency, as set forth in paragraph (e) of this section. (b) The Regional Administrator must send, by registered mail, a Notice of Remedial Action to the SWA. The Notice of Remedial Action must set forth the reasons for the remedial action. When such a notice is the result of violations of regulations governing services to MSFWs (§§ 653.100 through 653.113 of this chapter) or the Complaint System (§§ 658.400 through 658.426), a copy of said notice must be sent to the Administrator, who must publish the notice promp… | ||||
| 20:20:4.0.1.1.2.5.5.6 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.705 Decision to decertify. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 88 FR 82736, Nov. 24, 2023] | (a) Within 30 business days of receiving a request for decertification, the ETA Assistant Secretary must review the case and must decide whether to proceed with decertification. (b) The Assistant Secretary must grant the request for decertification unless they make a finding that: (1) The violations of ES regulations are neither serious nor continual; (2) The SWA is in compliance; or (3) The Assistant Secretary has reason to believe the SWA will achieve compliance within 80 business days unless exceptional circumstances necessitate more time, pursuant to the remedial action already applied or to be applied. (In the event the Assistant Secretary does not have sufficient information to act upon the request, they may postpone the determination for up to an additional 20 business days to obtain any available additional information.) In making a determination whether violations are “serious” or “continual,” as required by paragraph (b)(1) of this section, the Assistant Secretary must consider: (i) Statewide or multiple deficiencies as shown by performance data and/or on-site reviews; (ii) Recurrent violations, even if they do not persist over consecutive reporting periods, and (iii) The good faith efforts of the State to achieve full compliance with ES regulations as shown by the record. (c) If the Assistant Secretary denies a request for decertification, they must write a complete report documenting their findings and, if appropriate, instructing an alternate remedial action or actions be applied. Electronic copies of the report must be sent to the Regional Administrator. Notice of the Assistant Secretary's decision must be published promptly in the Federal Register and the report of the Assistant Secretary must be made available for public inspection and copying. (d) If the Assistant Secretary decides decertification is appropriate, they must submit the case to the Secretary providing written explanation for their recommendation of decertification. (e) Within 30 business days after receiving the Assistan… | ||||
| 20:20:4.0.1.1.2.5.5.7 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.706 Notice of decertification. | DOL | [88 FR 82737, Nov. 24, 2023] | If the Secretary decides to decertify a SWA, they must send a Notice of Decertification to the SWA stating the reasons for this action and providing a 10-business-day period during which the SWA may request an administrative hearing in writing to the Secretary. The document must be published promptly in the Federal Register . | ||||
| 20:20:4.0.1.1.2.5.5.8 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.707 Requests for hearings. | DOL | [81 FR 56352, Aug. 19, 2016, as amended at 88 FR 82737, Nov. 24, 2023] | (a) Any SWA which received a Notice of Decertification under § 658.706 or a notice of disallowance under § 658.702(g) may request a hearing on the issue by filing a written request for hearing with the Secretary within 10 business days of receipt of the notice. Additionally, any SWA that has received a Notice of Remedial Action under § 658.704(c) may request a hearing by filing a written request with the Regional Administrator within 20 business days of the SWA's receipt of the notice. This request must state the reasons the SWA believes the basis of the decision to be wrong, and it must be signed by the State Administrator (electronic signatures may be accepted). (b) When the Secretary or Regional Administrator receives a request for a hearing from a SWA, they must send copies of a file containing all materials and correspondence relevant to the case to the Assistant Secretary, the Regional Administrator, the Solicitor of Labor, and the Department of Labor Chief Administrative Law Judge. When the case involves violations of regulations governing services to MSFWs or the Complaint System, a copy must be sent to the NMA. (c) The Secretary must publish notice of hearing in the Federal Register. This notice must invite all interested parties to attend and to present evidence at the hearing. All interested parties who make written request to participate must thereafter receive copies (hard copy and/or electronic) of all documents filed in said proceedings. | ||||
| 20:20:4.0.1.1.2.5.5.9 | 20 | Employees' Benefits | V | 658 | PART 658—ADMINISTRATIVE PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE | H | Subpart H—Federal Application of Remedial Action to State Workforce Agencies | § 658.708 Hearings. | DOL | (a) Upon receipt of a hearing file by the Chief Administrative Law Judge, the case must be docketed and notice sent by electronic mail, other means of electronic service, or registered mail, return receipt requested, to the Solicitor of Labor, Attention: Associate Solicitor for Employment and Training, the Administrator, the Regional Administrator and the State Administrator. The notice must set a time, place, and date for a hearing on the matter and must advise the parties that: (1) They may be represented at the hearing; (2) They may present oral and documentary evidence at the hearing; (3) They may cross-examine opposing witnesses at the hearing; and (4) They may request rescheduling of the hearing if the time, place, or date set are inconvenient. (b) The Solicitor of Labor or the Solicitor's designee will represent the Department at the hearing. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);