WTP Participant Rights, Opportunities, and Obligations

CareerSource Palm Beach County (CSPBC) is the administrative entity for the Palm Beach County Consortium for Workforce Innovation and Opportunity Act (WIOA) programs, Trade Adjustment Act (TAA), Supplemental Nutrition Assistance Programs (SNAP) and Welfare Transition Programs (WTP). CSPBC contracts with many organizations to provide services with the grant funds CSPBC receives. This allows CSPBC to oversee the funds and program in a neutral way.

If you have a grievance arising out of a program provided by CSPBC, CSPBC has adopted the following procedures to provide you with a mechanism to address your grievance. Even if your problem does not fit into the guidelines under which you can request a hearing, CSPBC has customer service representatives who will try and help you upon contacting them. Please read these instructions carefully.

Complaints and Grievances

References to the word “complaint” in this procedure are to matters that do not rise to the level of a formal grievance nor involved an alleged violation of the law.

References to the word “grievance” in these procedures are to matters which an individual is interested in pursuing through a hearing. Not all grievances result in hearings, if the parties can come to an agreement following the filing of the grievance and before the hearing.

Application and Grievances Covered by These Procedures

These procedures are for the CareerSource Palm Beach County customers listed below.

1. Job Seekers who have been denied access to a WIOA/TAA Intensive or Training Service.
2. WTP clients who have been denied a training or support service, or whose request for deferral or hardship exemption from the time limits prescribed by the law have been denied.

2. SNAP clients who have been denied a SNAP reimbursement.

CSPBC provides customers with access to programs and services operated and administered by other state and local agencies and organizations. If you have a complaint or a grievance about the programs or services, you may need to process your complaint or grievance in accordance with the rules and procedures in place for that organization or entity. You should first approach the supervisor for the program that you are affiliated.

You may file a grievance if:

1. You have a grievance regarding the programs operated by CSPBC or you think that there has been a violation of the law concerning a WIOA or a TAA Program, WTP or other grant programs administered by CSPBC and you are affected by that violation.
2. You are registered or enrolled in a program under the WIOA, TAA, WTP, or SNAP and have asked for a program service or benefit and have been denied the service or benefit.
3. You are a WTP participant and have been sanctioned for use of a controlled substance.

Types of Complaints Not Covered By These Procedures

1. The WIOA, TAA, SNAP and the WTP are not entitlement programs. This means that even if you fit the description of individuals who may be eligible to receive services under those programs, you still may be denied access to the program or denied a specific service allowable under the program rules. This is not considered a violation of the law. This may happen because:
2. There may not be sufficient funds to enroll you into a program or provide you with a service at the time that you apply or need the service.
3. Local areas have the flexibility to decide the types and mix of services to offer in their localities. These decisions are made locally by the governing boards for CSPBC. The governing boards for CSPBC may have decided not to offer a particular benefit or service. In such instance, there would be no grounds upon which to file a grievance. You may obtain a copy of the applicable policy upon request.
4. Under WIOA, there are eligibility requirements and prioritization criteria. Individuals who are seeking services, but who do not meet the eligibility or prioritization criteria, cannot be served with these funds. The priority criteria can be provided to you upon request. Local workforce boards have the flexibility to impose requirements or to develop policies and procedures applicable to the programs and services. A policy that has been adopted may restrict access to a program or service or may limit the availability of the program or service.
5. CFR Section 667.630 describes the process for reporting complaints and/or reports of criminal fraud and abuse. Complaints/reports must be reported immediately to the USDOL Office of Inspector General, Office of Investigations, Room S-5014, 200 Constitution Avenue NW, Washington, D. C. 20210.

The complaint or report can also be mailed to the USDOL South East Regional Inspector General for Investigations, Office of Investigations, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW, Suite 6T1, Atlanta, Georgia 30303, with a copy simultaneously provided to the Employment and Training Administration.

Reports or complaints alleging criminal fraud and abuse may also be reported through USDOL’s Hotline at 1-800-347-3756.

If you are a WTP customer and your TANF cash assistance eligibility or cash benefit has been reduced or terminated, and you disagree with the action taken, you must file a grievance with the local Department of Children and Families (DCF) office. Your Career Consultant can help direct you to the right agency and can supply you with the address and phone number.

If you are a SNAP customer and your food stamp eligibility or food stamp benefit has been reduced or terminated, and you disagree with the action taken, you must file a grievance with the local Department of Children and Families (DCF) office. Your Career Consultant can help direct you to the right agency and can supply you with the address and phone number.

Informal Resolution

This is generally the best way to work things out. You must try and resolve things informally before a grievance can be filed.

1. If you are a participant:
2. First talk with your Career Consultant about the problem. If the problem is not resolved, then you may ask for a meeting with the Department Supervisor and/or the Program Manager.
3. A CSPBC Informal Resolution Meeting Form is available for you to fill out when asking for a meeting with a Department Supervisor or Program Manager but is not required for a meeting to be granted to you. Filling out the request form will ensure that your request is handled properly and in a timely fashion. You may submit the form to your Career Consultant or to any of the supervisors in the CSPBC Center.
4. A meeting with the Department Supervisor or Program Manager will be set within ten (10) working days of the receipt of your request in accordance with the following timetable:
5. The Career Consultant must meet with you within 24 hours or the next business day if there is an intervening weekend or holiday.
6. If the matter is not resolved, you may take the matter to the Department Supervisor who must meet with you within 24 hours or the next business day if there is an intervening weekend or holiday.

• If the matter is still not resolved, you may request a meeting with the

Program Manager. The Program Manager must meet with you within 48 hours or two business days if there is an intervening weekend or holiday.

1. If the issue is still not resolved, you may file a request for an informal resolution meeting with the CSPBC Executive Office.
2. To do this, you must fill out CSPBC Informal Resolution Meeting Form (Executive Office) attached to these procedures. Be sure and fill out all the information asked, including the contact information, so that we can reach you to set up the meeting.
3. You may send the request to the CareerSource Palm Beach County Manager of Compliance, Training and Monitoring:

CareerSource Palm Beach County

Attn: Manager of Compliance, Training and Monitoring 

3400 Belvedere Road

West Palm Beach, FL 33406

PLEASE DO NOT PHONE IN YOUR REQUEST. INFORMAL MEETING REQUESTS WITH THE CAREERSOURCE PALM BEACH COUNTY PRESIDENT/CEO MUST BE SUBMITTED IN WRITING.

• An informal meeting with the CareerSource Palm Beach County Executive Office will be set within 10 business days from the time we have received the written grievance submission or, if we are unable to contact you, within 10 business days from the date we are able to locate you.

1. The meeting will be held with the CareerSource Palm Beach County President/CEO, the Chief Operating Officer, or the Director of Programs.
2. If the issue(s) are resolved during any of the informal meeting steps, the agreement reached will be written down and everyone will be asked to sign it. This will end the complaint/grievance procedure.

Filing a Formal Grievance

1. If the problem is not resolved through the informal resolution meetings outlined above, and you still want to pursue your grievance, fill out the Customer Formal Grievance Form that is attached to this procedure. If you cannot locate the form, you may ask staff at one of our CareerSource Palm Beach center locations for a copy of the form. The form can also be obtained from the CSPBC Executive Office at the address listed above, or you may use a plain sheet of letter size paper and include the information listed below:
2. All grievances must be in writing.
3. All grievances must be signed and dated.
4. All grievances must include your name, a contact address, and a contact telephone number.
5. The grievance form submitted must be signed by the person filing the grievance and must be an original and not a copy.
6. All grievances must include a statement regarding the law you think was violated and/or the reason you think you are entitled to the service or benefit that has been denied.
7. Your grievance should state the relief you are requesting to resolve the grievance.
8. Grievances should not be longer than five pages, excluding any exhibits or attachments you want the impartial representatives to review.
9. If you have a disability, which requires an accommodation, or if you are nonEnglish speaking and require an interpreter, it is your responsibility to indicate the accommodation needed in writing with the filing of your grievance. CSPBC will make such reasonable accommodations as possible.Your grievance should be sent to:

CareerSource Palm Beach County

Attn: Manager of Compliance, Training and Monitoring 

3400 Belvedere Road

West Palm Beach, FL 33406

1. Grievances must be filed within 90 days of the date the alleged wrongdoing took place.
2. When your written grievance is received by CSPBC:
3. The Manager of Compliance, Training and Monitoring will date stamp the written grievance.
4. You will be sent a written notice acknowledging that the grievance was received. It will be sent to you via certified mail return receipt requested. It is important that the address on your grievance be the same address at where you receive your mail. If the mail is returned to CSPBC or is undeliverable, your grievance will not be processed. If you deliver the request to a CSPBC office, you may ask for a receipt, which will be given to you acknowledging that CSPBC has received your formal grievance request.
5. A hearing date will be set within 45 days of the date the grievance is received by the Manager of Compliance, Training and Monitoring.
6. Impartial representatives for each of the parties, and one that is common to both parties, will be selected to attend the hearing.
7. The notice of hearing will be sent by certified mail, return receipt, at a minimum of 15 calendar days prior to the date of the hearing.
8. If you are participating in a program at the time of the filing of your grievance, your receipt of services will not be affected by the filing of a grievance.
9. Your notice will advise you of the following:
10. The date, time, and place of the hearing.
11. The pertinent section of the WIOA, WTP, TAA, and SNAP or any other federal regulations involved.
12. Your right to ask that the staff, your Career Consultant and/or Supervisor, or other CSPBC staff whom you would like to question or whose testimony you would like the impartial representative(s) to listen to appear at the hearing. CSPBC will do its best ensure that the other CSPBC staff whom you request be present at the hearing appear on the appointed date.
13. Your right to have someone else represent you at the hearing or to speak for you at the hearing, including the questioning of the staff involved in the decision affecting you.
14. Your right to ask for a copy of your file or other related documents that you think might help your case. CSPBC will not provide copies of the law, but will provide you with a copy of the CSPBC policy that is the subject of the dispute, if requested and have not already received a copy.
15. Your right to present documentary evidence, testimony, and arguments to support your position at the hearing, as well as to cross examine witnesses.
16. CSPBC’s right to dismiss the grievance, if you fail to appear for the hearing without good cause.
17. The impartial representative(s) right to conduct the hearing informally and to decide on the admissibility of testimony or evidence in accordance with the Florida Rules of Civil Procedure.
18. The impartial representative(s), upon request of either of the parties, may allow limited discovery. Discovery will be limited to:
19. Requests for documents related to the grievance. CSPBC will provide the Complainant with a copy of their file at no cost. All other documents requested will be subject to the fee provisions of the CSPBC protocol or policy related to the copying and production of documents.
20. The right of either party to depose up to three individuals prior to the date set for the hearing. Each party shall bear the costs of the depositions they set.
21. CSPBC’s right to issue a decision on the grievance without a hearing if it is determined that the same issue has previously been decided in a prior hearing.
22. That a decision will be rendered within 15 days of your hearing, unless you and CSPBC have agreed to an extension.
23. Where you can appeal the decision if you do not agree with the outcome.
24. That the parties, you and CSPBC can agree to an extension of the 60 days if either party needs more time and the other party agrees.
25. That you or CSPBC must make arrangements in advance for a transcript of the hearing. Each party desiring a copy of the transcript must pay for the transcript.

Appeals

If either party is not satisfied with the outcome of the hearing, or if a hearing was not conducted within the 60 calendar days from the receipt of the grievance, or if a hearing was conducted, but a decision was not issued within the mandated 60 calendar day timeframe, then the complaint or decision may be appealed to FloridaCommerce. The appeal should be concise (if possible, not to exceed five pages, excluding exhibits and attachments) and shall be sent by certified mail, return receipt to the FloridaCommerce Office of General Counsel, 107 East Madison Street, Caldwell Building, MSC 110 Tallahassee, Florida 32399-4128.

The appeal request shall state the facts, laws, procedures, etc. that the Grievant believes to be relevant for review. The appeal must be filed with FloridaCommerce within 30 calendar days of receipt of the CSPBC impartial representative’s decision or within 30 calendar days after the required 60 calendar day timeframe for CSPBC to act has elapsed. The request shall include the Grievant’s address where official notices will be mailed.

The state can remand the grievance back to CSPBC to hold a hearing or impose other remedies to resolve the grievance.

Grievances Related to Discrimination

CareerSource Palm Beach County does not hear grievances related to discrimination or alleged Civil Rights violations. If you think you have been discriminated against and/or your civil rights have been violated, you may choose to follow the steps for informal resolution described above, and if you are not satisfied with the outcome, you may follow the instructions for filing a grievance described below. If you do not want to try and informally resolve the matter, you may simply follow the guidelines below that tell you how to file your grievance.

If you have a grievance related to a charge of discrimination, you may call or write the CSPBC Executive Office who will refer you to the CSPBC EEO Officer at the aforementioned address and number listed for CSPBC. CSPBC will facilitate an informal resolution and try to resolve the issue. If you are still not satisfied, grievances alleging discrimination should be filed directly with the appropriate agency listed below.

Welfare Transitions Participants

Office for Civil Rights

U.S. Department of Health and Human Services 200 Independence Avenue, S.W.

Room 509F HHH Bldg. Washington,

D.C. 20201

OCR Hotlines-Voice: 1-800-368-1019

Workforce Innovation and Opportunity Act

USDOL

Civil Rights Center,

200 Constitution Avenue, NW 

Suite S-2203

Washington, DC 20210

Supplemental Nutrition Assistance Program

United States Department of Agriculture

Office of the Assistant Secretary for Civil Rights 1400

Independence Avenue, SW

Washington, DC 20250

(202) 720-3808

Your Opportunities

You have the opportunity to receive help paying for support services (if approved) to help you find employment, education, or complete other assigned activities, unless you are able to make these arrangements on your own.

Support services may include, but are not limited to:

• Childcare
• Transportation
• Tools
• Clothing
• Uniforms

Support services are based on your assigned activity and the availability of funding.

You have the right to have decisions about your case reviewed by a supervisor at the Regional Workforce Board.

You may request a hearing if you disagree with a decision about your temporary cash assistance.

You may be excused from or rescheduled for an activity if you have good cause. Good cause is determined by the Regional Workforce Board.

You may request:

• Cash Assistance Severance Benefit
• Relocation assistance

If eligible, you may receive the following services:

• Mental health counseling
• Domestic violence counseling and/or services
• Substance abuse counseling and/or services

If eligible, you may receive transitional benefits after you are no longer receiving temporary cash assistance, based on funding availability, including:

• Childcare
• Transportation
• Education and training

You may receive Medicaid and food assistance benefits, based on eligibility requirements.

Your Obligations

You are required to participate in, document, and complete all assigned program activities.

You must respond to all contacts from the Regional Workforce Board or any other agencies to which you are referred.

You must inform the Regional Workforce Board of any changes that may affect your participation, including:

• Employment status
• Family circumstances
• Change of address
• Change of telephone number
• Childcare needs
• Transportation problems
• Health problems

You must apply for and actively seek employment.

You must accept any reasonable offer of suitable employment.

You must remain employed and contact the Regional Workforce Board before reducing your hours or quitting.

You must report any good cause reasons for failure to participate immediately.

Consequences for Failure to Participate

(May Apply to BOTH Cash Assistance and Food Assistance)

Failure to meet Welfare Transition Program participation requirements may result in sanctions that affect BOTH your Cash Assistance and your Food Assistance at the same time, unless an exception applies, examples detailed below.

Sanctions increase with each occurrence of non-compliance.

Penalty Levels and Combined Sanctions

First Penalty

• Cash Assistance: Cash assistance is terminated for the entire family for a minimum of 10 days or until the individual complies, whichever is later.
• Food Assistance: Food assistance is suspended for one (1) month or until compliance, whichever is longer.

Second Penalty

• Cash Assistance: Cash assistance is terminated for the entire family for one (1) month or until the individual who failed to comply does so, whichever is later.
• Food Assistance: Food assistance is suspended for three (3) months or until compliance, whichever is longer.

Third Penalty

• Cash Assistance: Cash assistance is terminated for the entire family for three (3) months or until the individual who failed to comply does so, whichever is later.
• Food Assistance: Food assistance is suspended for six (6) months or until compliance, whichever is longer.

Important Notes and Exceptions

• Cash assistance may be continued at a level two or three penalty for children under age 16 through a protective payee.
• If the non-compliant individual is the head of household, food assistance for the entire assistance group will be terminated unless that individual meets a food assistance exemption.
• Unless exempt, participants must come into compliance after the sanction period ends and before benefits can be restored.