Section R6-10-120. Participant Complaint Resolution

A.      This Section applies to participant complaints about the Jobs Program, including complaints about service providers.

B.       Each service provider shall establish a written complaint reso- lution procedure that shall be posted and given to participants. The complaint resolution procedure shall include an opportu- nity for an informal dispute resolution meeting between the participant and the service provider, and inform the participant of the right to elevate the complaint to the Program Adminis- trator if the participant is not satisfied with the service provider decision.

C.      A participant shall continue to participate in the Program while the complaint resolution is pending, unless the participant has established a good cause reason for not participating. If a par- ticipant fails to participate, JOBS shall initiate the sanction process as provided in R6-10-123 or withholding as provided in R6-10-124.

D.      A participant shall use all applicable steps of the following process to seek a resolution of a complaint:

1.        The participant shall attempt to informally resolve a com- plaint at the lowest management level. However, if a participant believes that a complaint to the service pro- vider would be futile, the participant may complain directly to the Program Administrator under subsection (D)(4).

2.        The participant shall submit the complaint orally or in writing to the participant’s service provider. If requested, the service provider shall assist the participant with writ- ing the complaint.

3.        Upon receipt of the participant’s complaint, the service provider shall respond in writing within seven days of the date the complaint was filed. The response shall provide the reason for the decision, and mention the participant’s right to complain to the Program Administrator.

4.        If the service provider takes no action to resolve the com- plaint or the participant perceives the complaint is unsat- isfactorily   resolved,   the   participant   shall    submit   a

complaint orally or in writing to the Program Administra- tor.

5.        The Program Administrator shall issue a written decision within 30 days after the date the complaint is filed. The Program Administrator shall consider the participant’s employment plan, applicable statutes, rules, and policy and, if applicable, the terms of the service provider’s con- tract, in reaching a decision.

Historical Note

Adopted effective January 10, 1977 (Supp. 77-1).

Amended effective July 27, 1983 (Supp. 83-4). Section repealed, new Section adopted effective June 6, 1995 (Supp. 95-2). Section repealed; new Section adopted effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 5371, effective January 14, 2006 (05-4).

Note

Editor’s Note: The following Section was repealed and a new Section  adopted  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 Depart- ment did not submit notice of proposed rulemaking to the Secre- tary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Gover- nor’s Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section. Subsequently, this Section was renumbered by final rulemaking. Please refer to historical note.