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WIA-1010AFORPD (7-12)

ARIZONA DEPARTMENT OF ECONOMIC SECURITY

Employment Administration • Workforce Investment Act (WIA)

ii) The CRC Director will evaluate the circumstances to determine whether the agreement has been breached. If he/she

determines that the agreement has been breached, the complainant may file a complaint with CRC Director based

upon his/her original allegation(s), and the CRC Director may waive the time deadline for filing such a complaint.

If the parties do not reach an agreement under ADR, the complainant may file a complaint with the CRC Director as

described in Section CFR Section 37.71 through 37.74.

4. The EO Officer will provide a written Notice of Final Action to the complainant within 90 days of the date on which the

complaint was filed that contains the following information:

i) For each issue raised in the complaint, a statement of either:

A) The decision on the issue and an explanation of the reasons underlying the decision, or

B) A description of the way the parties resolved the issue; and

ii) Notice that the complainant has a right to file a complaint with CRC Director within 30 days of the date on which the

Notice of Final Action is issued if he/she is dissatisfied with the recipient’s final action on the complaint.

ALTERNATIVE DISPUTE RESOLUTION (ADR)/MEDIATION PROCESS

During the 90 calendar day period, complainants may elect to participate in mediation. If the complainant selects mediation, it

allows disputes to be resolved in a less adversarial manner.

The EO Officer will coordinate with a preapproved mediator. The individual conducting the mediation must be a neutral and

impartial third party who will act as a facilitator. The mediator must be a person who is acceptable to all parties including the

EO Officer and who will assist the parties in resolving their disputes.

If the complainant chooses to participate in mediation, he/she or the authorized representative must respond to the EO

Officer in writing within 10 calendar days of the date of the request. This written acceptance must be dated and signed by

the complainant or authorized representative and must also include the relief sought.

A written confirmation identifying the date, time and location of the initial mediation conference will be sent to all

appropriate parties.

A consent form will be signed by all parties at the initial mediation conference affirming that the contents of the mediation

will be kept confidential.

If resolution is reached under ADR/mediation, the agreement will be in writing. A copy of the signed agreement will be

sent to the EO Officer.

If an agreement is reached under ADR/mediation but a party to the agreement believes his/her agreement has been

breached, the non-breaching party may file a complaint with the CRC Director.

If the parties do not reach resolution under ADR/mediation, the complainant will be advised of his/her right to file a

complaint with the CRC/U.S.DOL; however, the EO Officer will continue with the investigation. The mediation process

should be completed within 45 calendar days of receipt of the complaint. This will assist in keeping within the 90 calendar

day timeframe of the written Notice of Final Action if the mediation is not successful.

IF NO WIA JURISDICTION OVER A COMPLAINT EXISTS

Based on information provided by the complainant, the EO Officer may declare that there is no jurisdiction over the complaint

for one of more of the following reasons:

The basis for the complaint is not covered by the prohibitions of 29 CFR Part 37.

The complaint is against an agency, employer, organization, program, or individual within an entity that is not a recipient

of WIA Title 1 financial assistance as defined in 29 CFR Part 37.4. The EO Officer will provide contact information of the

appropriate agency or agencies which may have jurisdiction over the complaint, if known.

A Notice of Lack of Jurisdiction (with one or more of the above reasons) will be provided in writing immediately upon the EO

Officer discovering the lack of jurisdiction. This written notice shall also inform the complainant that he/she has the right to file

a complaint with CRC within 30 days from the date of receiving the notice.

IF THE EO OFFICER ISSUES A NOTICE OF FINAL ACTION WITH WHICH THE COMPLAINANT IS

DISSATISFIED

If, during the 90 day period, the EO Officer issues its Notice of Final Action, but the complainant is dissatisfied with the

decision on the complaint, the complainant or his/her representative may file a complaint with the CRC Director within 30 days

after the date on which the complainant receives the Notice of Final Action.

Attachment A

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Instructions For Form Wia-1010aforpd - Wia Equal Opportunity And Discrimination Complaint Policy Page 3

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