1. A. The Division, LWDBs, Subrecipients, and Fiscal Agents shall establish and maintain written procedures for a Party to file a Grievance or Complaint and how a Grievance or Complaint filed by a Complainant shall be addressed, as required under 20 CFR 683.600.

2. B. The Division, LWDA, Subrecipient, or Fiscal Agent shall:

   1. 1. Provide a Participant, upon enrollment, or any other individual upon request, the Division’s, LWDB’s, Subrecipient’s, or Fiscal Agent’s Grievance or Complaint procedures in writing, that includes:

      1. a. The Participant’s or individual’s right to file a Grievance or Complaint; and
      2. b. Instructions on how a Participant or individual may file a Grievance or Complaint.
   2. 2. Prepare a written Grievance or Complaint on behalf of a Complainant who makes an oral Grievance or Complaint and obtain the Complainant’s signature on the Grievance or Complaint.
3. C. A Grievance or Complaint filed with the Division, LWDB, Subrecipient, or Fiscal Agent outside of Business Hours shall be considered received by the Division, the LWDB, the Subrecipient, or the Fiscal Agent on the next Business Day.

4. D. Grievances and Complaints received directly by an LWDB, Subrecipient, or Fiscal Agent.

   1. 1. A Grievance or Complaint filed directly with an LWDB, Subrecipient, or Fiscal Agent shall:

      1. a. Be in writing;
      2. b. Include the name and address of the organization or individual against whom the Grievance or Complaint is made;
      3. c. Provide the name, address, and signature of the Complainant;
      4. d. The basis of the Grievance or Complaint and the date of the occurrence; and
      5. e. The alleged violation of WIOA Title I-B, if applicable.
   2. 2. The LWDB, Subrecipient, or Fiscal Agent shall consider a Complainant’s Grievance or Complaint as a request for a Local Level Hearing, unless clearly stated otherwise.
   3. 3. The LWDB, Subrecipient, or Fiscal Agent, shall not interfere with the right of a Complainant to request a Local Level Hearing in any way.

   4. 4. An LWDB, Subrecipient, or Fiscal Agent that receives a Grievance or Complaint shall provide:

      1. a. An opportunity for Informal Resolution;
      2. b. A written notice of the date, time, and location of the Local Level Hearing, including notification of the opportunity to present evidence;
      3. c. A Local Level Hearing to be held within 30 calendar days of the date the LWDB, Subrecipient, or Fiscal Agent received the Grievance or Complaint; and
      4. d. A written decision to be issued within 60 calendar days of the date the LWDB, Subrecipient, or Fiscal Agent received the Grievance or Complaint, including notice of the right to file an Appeal as described under Article 2 of this Chapter.

5. E. Grievances or Complaints filed directly with the Division.

   1. 1. A Grievance or Complaint submitted directly to the Division shall:

      1. a. Be in writing;
      2. b. Include the name and address of the organization or individual against whom the Grievance or Complaint is made;
      3. c. Provide the name, address, preferred method of communication, and signature of the Complainant;
      4. d. The basis of the Grievance or Complaint and the date of the occurrence; and
      5. e. The alleged violation of WIOA Title I-B, if applicable.
   2. 2. The Division shall consider a Complainant’s Grievance or Complaint taken by the Division as a request for a State Level Hearing, unless clearly stated otherwise.
   3. 3. The Division shall not interfere with the right of a Complainant to request a State Level Hearing in any way.

   4. 4. A Grievance or Complaint received by the Division shall be filed within the following time limits:

      1. a. Within ten calendar days of the date that the LWDB, Subrecipient, or Fiscal Agent failed to hold a Local Level Hearing or issue a decision within the required time limit.
      2. b. Within one year of the date of the alleged determination, decision, order, or other action or inaction that is the basis of the Grievance or Complaint in all other cases.
   5. 5. The Division shall conduct a State Level Hearing within 30 calendar days of the date the Division received the Grievance or Complaint unless all Parties waive the time limit in writing submitted through regular mail or electronic mail.

   6. 6. The Division shall make a good faith effort to resolve a Grievance or Complaint through Informal Resolution as required under 20 CFR 683.600(d)(4). If an Informal Resolution cannot be reached, the Division shall conduct a State Level Hearing.

      1. a. Parties shall be encouraged to resolve a Grievance or Complaint through Informal Resolution within ten calendar days of the date the Division received the Grievance or Complaint.
      2. b. A Party who agrees to participate in Informal Resolution, but subsequently requests a State Level Hearing shall waive the 60-calendar day timeframe for a decision.
   7. 7. A Grievance or Complaint received by the Division against an LWDB, Subrecipient, or Fiscal Agent shall be referred to the LWDB, Subrecipient, or Fiscal Agent of WIOA Title I-B unless the Division determines the interest of all Parties will be better served following the Division’s procedures.
   8. 8. A Party has no right to a State Level Hearing if a Local Level Hearing was held through an LWDB, Subrecipient, or Fiscal Agent. In such cases, the Party may file an Appeal, as described in Article 2 of this Chapter.

6. F. A Party may file an Appeal as described under R6-11-202(G) if:

   1. 1. A decision is not made at a State Level Hearing and provided to a Party within 60 calendar days of the date the Division received the Grievance or Complaint; or
   2. 2. A Party is unsatisfied with a decision regarding a Grievance or Complaint made during a State Level Hearing.

7. G. Complaints Alleging Discrimination

   1. 1. A Party who alleges a violation of state and federal nondiscrimination laws may file a Complaint directly with the Department’s Office of Equal Opportunity, LWDB, Subrecipient, or Fiscal Agent.
   2. 2. The Division, LWDB, Subrecipient, or Fiscal Agent that receives a Complaint alleging discrimination shall follow the requirements under 29 CFR 38(D).
   3. 3. The Division, LWDB, Subrecipient, or Fiscal Agent shall immediately advise a Party who has alleged a violation of the nondiscrimination provisions of WIOA Section 188 or 29 CFR 38 of the Party’s 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.

Historical Note

Adopted as an emergency effective October 1, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 6, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). New Section R6-11-106 adopted as a permanent rule effective April 5, 1984 (Supp. 84-2). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 463, effective October 25, 2013 (Supp. 14-1). New Section R6-11-106 renumbered from R6-11-111 and amended by final rulemaking at 31 A.A.R. 3962 (October 3, 2025), effective November 2, 2025 (Supp. 25-3).