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<br /> <br />8 <br /> EXHIBIT H <br />A “participant”, within the meaning of these procedures, is an individ ual who receives <br />employment-training services under a program funded by Santa Ana LWDA. The <br />Complaint Resolution Procedures contained herein (or the alternative procedures <br />which an employer may use) shall be available to participants to resolve disputes <br />regarding items and conditions of employment of such participants in employment <br />training programs. However, such procedures shall not be used to resolve disputes <br />regarding terms and conditions of employment of any employee who is not a <br />participant, as defined herein. <br /> <br />5. If a complaint does not receive a decision at the LW DA grant recipient level within 60 <br />days of filing the complaint or receives an unsatisfactory decision, the complainant <br />then has a right to request a review of the complaint by the Governor. <br /> <br />6. Complainants must initially file and exhaust LWDA grant recipient/hearing procedures <br />prior to appealing to the State except where the State determines that the LW DA <br />grant recipient’s procedures are not in compliance with the State’s procedures. <br /> <br />III. Procedures for Handling Complaints at the LWDA Level <br /> <br />A. Receipt Complaints <br /> <br /> Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA <br />administrative entities have the responsibility to conduct hearings and resolve complaints <br />made by individuals about the administration of programs in the LWDA. “LWDA level” <br />encompasses LWDA administrative entity and employers to which the administrative entity <br />has delegated the complaint resolution process. The following comprise the guidelines for <br />resolving issues arising in connection with WIOA programs operated by the Santa Ana <br />LWDA including resolutions of complaints arising from actions, such as audit disallowances <br />or the imposition of sanctions taken by the Governor with respect to audit findings, <br />investigations or monitoring reports. <br /> <br />1. Form and Filing of Compliant <br /> <br />Official filing date of the compliant is the date the written complaint is received. The filing <br />of the complaint with the Santa Ana LWDA Equal Employment Opportunity Officer shall <br />be considered as a request for hearing and a decision must be issued within 60 days. <br />The complaint must be in writing and must be signed and dated. The complaint should <br />also contain the following information: <br /> <br />a. Full name, telephone number, if any, and mailing address of the complainant; <br /> <br />b. Full name, telephone number, and mailing address of the agency involved (respondent); <br /> <br />c. Clear and concise statement of facts including dates constituting alleged violation; <br /> <br />d. What provisions under the Act, regulations, grant or other agreements under the Act, are <br />believed to have been violated; <br />EXHIBIT 2