§21112 Establishment of State-based Administrative Complaint Procedures to Remedy Grievances

Summary

States that receive payments under this chapter must create and run a state complaint system that follows specific rules. The system must be fair and the same for everyone. Anyone who thinks a rule in subchapter III was broken—before, now, or about to happen—can file a complaint. Complaints must be written, signed, sworn, and notarized. The State can combine similar complaints. Complainants can ask for a formal hearing. If the State finds a violation, it must fix the problem. If it finds no violation, it must dismiss the complaint and publish the results. The State must make a final decision within 90 days after a complaint is filed, unless the complainant agrees to more time. If the State misses that deadline, the case moves to alternative dispute resolution and must be resolved within 60 days using the record from the original process. By January 1, 2004, any State that did not sign up in 2003 must either certify to the Commission that it meets these rules or send a detailed compliance plan to the Attorney General. If the Attorney General does not approve the plan, the State is treated as not meeting subchapter III. A “nonparticipating State” means a State that in 2003 did not tell the office that pays States it intended to join and receive funds.