DWS Equal Opportunity Methods of Administration
Corrective and remedial actions must be designed to completely correct each violation. For each corrective action, a time frame should be established that sets the minimum time necessary to completely correct the violation.
DWS has promulgating rules (R986-600) for applying sanctions and/or corrective actions to violators of WIA section 188 and/or 29 CFR part 37. New rules for WIOA should be available in the fall of 2016 after WIOA final regulations implement.
The procedures for follow-up monitoring to ensure that commitments to take corrective action and remedial action are fulfilled.
Compliance reviews, including site visits will be conducted with follow-up visits to ensure the terms of any corrective actions are met. The DWS EO Officer, WIOA Program Specialists, Board member, or other qualified, knowledgeable DWS representative may conduct these reviews. Findings will be documented in writing, provided to the violator and a copy retained in the EO file.
Reports required from the violating recipient regarding actions to correct the violation(s).
Recipients found to be in violation of 29 CFR part 38 or WIOA section 188 may be required to provide documentation in the form of written or verbal reports as to the means by which they are continuing to correct the violations. This determination will be made on a case by case, jointly agreed upon, basis. The reports will be provided to the EO Officer and may be submitted to the executive director and State Workforce Development Board to review, if deemed necessary.
Sanction procedures to be followed where voluntary compliance cannot be achieved.
Currently, findings of non-compliance may be addressed in person, in the form of a memorandum or other written reports or directives, depending on the violation and the perpetrator of the violation. Written agreements or assurances must be submitted to document corrective action taken or the status of the action for the violation or finding.
Continued non-compliance issues will be addressed as follows:
1st level of action: |
A letter of demand for compliance (within 10 days) will be sent to the non-compliant entity, with copies to the appropriate service area director and deputy director of DWS, along with the manager and administrator of the affected agency, and any other interested party. |
2nd level of action: |
A notice of a second level of non-compliance will be sent to the executive director of DWS, or similarly positioned officer of the partner agency or entity. |
3rd level of action: |
The State of Utah’s Workforce Development Board may impose sanctions, including but not limited to removal from the Eligible Training Provider List, loss of funds and the termination of contracts. |
DWS employees found in violation or non-compliance will be dealt with in accordance with the Utah Department of Human Resource Management rules, which may include, but are not limited to disciplinary action up to and including termination of employment.