Ariz. Admin. Code § 6-10-303

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-10-303 - Grievance Process

A. The Jobs Program shall provide information to regular employees and employers regarding the regular employee's right to file a grievance and the procedure for doing so.

B. An aggrieved party may seek to informally resolve a grievance with the Department or may request an appeals hearing with the Department's Office of Appeals.

C. To pursue informal resolution, an aggrieved party shall file a grievance within 20 days of the alleged displacement with the Department. The grievance shall contain the following information:

1. Aggrieved party's name, address, telephone number, and email address, if available;

2. Date of the grievance;

3. Contact person, if other than the aggrieved party;

4. Department contact information, address, telephone number, and email address, if available;

5. A description of the action that is the subject of the grievance and the date of the action; and

6. The proposed resolution.

D. If the aggrieved party requests an informal resolution, the Jobs Program shall hold an informal resolution meeting with the aggrieved party, within 15 business days from the date the Department receives the grievance.

E. If a grievance is not resolved at the informal meeting, the aggrieved party may request an appeals hearing with the Department's Office of Appeals, within 20 days from the date of the informal meeting, by submitting a request for an appeals hearing to the Jobs Program local office.

F. If the aggrieved party does not choose to seek an informal resolution under R6-10-303(C) and (D), the aggrieved party may request an appeals hearing by filing a written request with the local Jobs Program office within 20 days of the alleged displacement. Upon request, the Jobs Program shall assist the aggrieved party in preparing the hearing request. Assistance shall include a party's right to an appeals hearing and the appeals hearing process and procedures.

G. The Jobs Program shall prepare a request for an appeals hearing, if requested by the aggrieved party, and forward the request for an appeals hearing to the Department's Office of Appeals. The request for an appeals hearing forwarded by the Jobs Program shall include:

1. The information submitted under subsection R6-10-303(C);

2. The decision reached at the informal resolution meeting, if any; and

3. Any decision, notice, or other documents relating to the hearing request.

H. Upon receipt of a request for an appeals hearing, the Office of Appeals shall conduct the hearing in accordance with A.A.C. R6-12-1005 through A.A.C. R6-12-1007 and A.A.C. R6-12-1009 through A.A.C. R6-12-1013(A), except that references to "FAA" are replaced by "Jobs Program."

Ariz. Admin. Code § R6-10-303

Adopted effective December 11, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (Supp. 05-4). Amended by final rulemaking at 25 A.A.R. 3236, effective 12/7/2019.

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.