04 NCAC 20C .0102         PROCEDURES FOR ADMINISTRATIVE REVIEW

Administrative review shall be governed by G.S. 150B, except that:

(1)           Complaints shall be made within one year of the alleged occurrence;

(2)           Hearings on any complaint shall be conducted within 30 days of filing of a complaint and final decisions shall be made not later than 60 days after the filing of a complaint;

(3)           Where the complainant provides the Secretary of USDOL reason to believe that the recipient is failing to comply with the requirements of the JTPA or the terms of the job training plan, the JTPA requires the Secretary of USDOL to investigate the allegation or belief and determine within 120 days after receiving the complaint whether such allegation or complaint is true; and,

(4)           Regarding actions pursuant to Subchapter 20C .0006(d), opportunity for a hearing must be provided within 30 days of such actions.

History Note:        Authority G.S. 143B‑430(b); 150B; JTPA S 144; 20 C.F.R. 629.58;

Eff. July 1, 1980;

Amended Eff. August 1, 1988; October 1, 1986; February 1, 1986; October 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019.