§21112 Establishment of State-based administrative complaint procedures to remedy grievances

Summary

States that get money under these programs must set up and run a state complaint system that follows specific rules. The system must be the same for everyone and not biased. Anyone who thinks a rule in subchapter III was, is, or will be broken can file a complaint. Complaints must be written, notarized, and signed under oath. The State can combine complaints. If the complainant asks, there must be a formal hearing. If the State finds a violation, it must fix the problem. If it finds no violation, it must dismiss the case and publish the result. The State must make a final decision within a 90-day period after the complaint is filed unless the complainant agrees to more time. If the State misses that deadline, the case goes to alternative dispute resolution and must be resolved within 60 days using the records from the original process. By January 1, 2004, a State that did not take part in 2003 must either certify it meets these rules to the Commission or send a detailed compliance plan to the Attorney General. If the plan is not approved, the State is treated as not meeting the requirements. A "nonparticipating State" means a State that in 2003 did not tell the payment office it intended to join and receive funds.