[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR636.1]

[Page 321-322]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 636--COMPLAINTS, INVESTIGATIONS AND HEARINGS--Table of Contents
 
Sec. 636.1  Scope and purpose.

    (a) General. This part establishes the procedures to receive, 
investigate and resolve complaints, and conduct hearings to adjudicate 
disputes under title IV (except part B) of the Act. It governs grievance 
procedures at the recipient or subrecipient level, the receipt and 
investigation of complaints at the Federal level, the procedures for 
resolving investigative findings, the rules of practice for adjudicative 
hearings, and the rendering of decisions pursuant to the Act. Judicial 
review of final action of the Department after opportunity for an 
administrative hearing has been exclusively established in the United 
States Courts of Appeals for the Circuits in which the affected parties 
reside or transact business.
    (b) Initiation of investigations. JTPA investigations may be 
initiated upon the request of any person or organization or by the 
Department on its own initiative.
    (c) Non-JTPA remedies. Whenever any person, organization or agency 
believes that a recipient or subrecipient has engaged in conduct that 
violates the Act and that such conduct also violates a Federal statute 
other than JTPA, or a State or local law, that person, organization or 
agency may, with respect to

[[Page 322]]

the non-JTPA cause of action, institute a civil action or pursue other 
remedies authorized under other Federal, State, or local law against the 
recipient or subrecipient without first exhausting the remedies in this 
subpart. For example, if a subrecipient believes that a grantee has 
breached the subgrant agreement between the grantee and itself, the 
subrecipient may institute a civil action for breach of contract in a 
State court if so authorized by State law. Nothing in the Act or this 
paragraph, shall:
    (1) Allow any person or organization to join or sue the Secretary 
with respect to his or her responsibilities under JTPA except after 
exhausting the remedies in this subpart.
    (2) Allow any person or organization to file a suit which alleges a 
violation of JTPA or these regulations without first exhausting the 
administrative remedies described in this subpart, or
    (3) Be construed to create a private right of action with respect to 
alleged violations of JTPA or the regulations.
    (d) Complaints of discrimination pursuant to section 167(a) of the 
Act will be handled under 29 CFR parts 31 and 32.

[48 FR 48780, Oct. 20, 1983, as amended at 55 FR 13007, Apr. 6, 1990]