R6-11-202. Right to Appeal

A. A Party may file an Appeal with the Department within ten Business Days of the following: 1. A decision is not made at a Local Level Hearing and provided to a Party within 60 calendar days of the date the LWDB, Subrecipient, or Fiscal Agent received the Grievance or Complaint; or 2. A decision was made at a Local Level Hearing, but a Party is unsatisfied with the decision. B. An Appeal filed with the Department outside of Business Hours shall be considered received on the next Business Day. C. Upon receipt of an Appeal, the Department shall provide a written notification as required by A.R.S. § 41-1061 to all Parties. D. The written notification shall specify that the LWDB, Subrecipient, or Fiscal Agent, shall provide copies of all documents used to make the decision in the Local Level Hearing and a transcript of the Local Level Hearing, if available, to the Hearing Officer within ten Business Days of receipt of the notification. E. The Hearing Officer shall review the submitted documents, hold the Appeals Hearing, and issue a written decision regarding the Appeal within 60 calendar days of the date the Department received the Appeal during Business Hours. F. The Department shall advise a Party who is unsatisfied with a Hearing Officer’s decision of the right to further Appeal rights as described in subsection (G). G. A Party may file an Appeal with the Secretary of Labor as described under 20 CFR 683.610 when the Party: 1. Is unsatisfied with a decision made by the Division during a State Level Hearing; 2. Has not received a final decision within 60 calendar days of the date the Division received a Grievance or Complaint or the Department received the Appeal, or 3. Received a decision regarding the Appeal and the decision is adverse to the Party, except for the following: a. Denial of eligibility of a training provider by a LWDB or the Department or removal of the training provider from the ETPL, as described under 20 CFR 683.630(b). b. Denial of eligibility as a provider of OJT or Customized Training by a One-Stop Operator, as described under 20 CFR 683.630(b)(3). c. Participants in the WIOA Title I-B Adult Program, Dislocated Worker Program, or Youth Program subject to testing for the use of controlled substances and who are subject to sanction for testing positive for the use of a controlled substance, as described under 20 CFR 683.630(c)(2).