A. A Job Seeker who believes there has been a violation of Employment Service or employment-related law or regulation may file a Complaint through the Complaint System, which can be accessed on the Department’s website within two years from the date of the alleged violation. The Complaint System Representative shall:
- 1. Investigate an Employment Service Complaint under 20 CFR 658.411(d)(2); or
- 2. Refer a non-Employment Service related Complaint to the appropriate enforcement agency or official for resolution.
- B. If the Complaint System Representative is unable to resolve a Complaint to the satisfaction of the Complainant, the Complaint System Representative shall submit the Complaint to the State Workforce Agency Complaint Official, who will review the Complaint for further action and provide a written decision as required under 20 CFR 658.411(d).
C. Complaints Alleging Discrimination.
- 1. A Complainant who alleges a violation of federal and state nondiscrimination laws may file a Complaint directly with the Department’s Office of Equal Opportunity.
- 2. Upon receipt of the Complaint alleging discrimination, the Department’s Office of Equal Opportunity shall follow the requirements under 29 CFR 38(D).
- 3. The Department’s Office of Equal Opportunity shall advise a Complainant who has alleged a violation of the nondiscrimination provisions of WIOA Section 188 or 29 CFR 38 of the right to file a Complaint directly with the U.S. Department of Labor, Office of Civil Rights, and provide the Complainant with instructions on how to do so within five calendar days.
Historical Note
Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed, new Section adopted by final rulemaking at 5 A.A.R. 2155, effective June 18, 1999 (Supp. 99-2). Section repealed by final rulemaking at 16 A.A.R. 510, effective March 2, 2010 (Supp. 10-1). New Section R6-2-203 made by final rulemaking at 32 A.A.R. 477 (February 27, 2026, Issue 9), effective April 5, 2026 (Supp. 26-1).