Section 73B-1.012 - Federal Level Appeal Process(1) As an alternate to filing an appeal under rule 73B-1.010, F.A.C., within sixty (60) days of the receipt of the final decision by the state agency, the party which such decision has adversely impacted may appeal to the Secretary of the United States Department of Labor, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington D.C., 20210. A copy of the appeal must be simultaneously provided to the appropriate USDOL Regional Administrator and the opposing party.(2) As provided in the WIA regulations, 20 CFR Section 667.610, if the RWB or the state has not issued a decision within the required sixty (60) calendar day timeframe, the grievant or complainant can file an appeal with the USDOL. The appeal must be filed with USDOL no later than one hundred and twenty (120) calendar days of the filing of the grievance with the State, or the filing of the appeal of a local grievance with the State. A copy of the appeal must be simultaneously provided to the appropriate Regional Administrator and the opposing party.(3)(a) A local area that has been found in substantial violation of WIA Title I, pursuant to 20 CFR 667.650, and which has received a notice from the Governor that either all or part of the local plan will be revoked or that a reorganization will occur, has the right to appeal such sanctions to the Secretary of the U.S. Department of Labor under WIA Section 184 (b).(b) These appeals shall be filed no later than thirty (30) days after receipt of written notification of the revoked plan or imposed reorganization. A copy of the appeal must be simultaneously provided to the Governor, in care of the Executive Director, and to the Agency Clerk, Department of Economic Opportunity, Office of General Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida 32399-4128.(c) The Request for Review or Appeal must be submitted by certified mail, return receipt to: Secretary, U.S. Department of Labor, Washington, D.C. 20210, Attention ASET.Fla. Admin. Code Ann. R. 73B-1.012
Rulemaking Authority 20.60, 120.54(6), 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS.
New 4-3-02, Formerly 60BB-1.012.New 4-3-02, Formerly 60BB-1.012.