Sec. 313. Dispute resolution
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/bill/116/hr/1000/ih/section-313·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Alleged improprieties involving the allocation or use of Program funds, including, without limitation, alleged violations of paragraph (3), (4), or
(5)of section 304, shall be investigated by the Office of Dispute Resolution pursuant to rules and procedures established by the Secretary. Those rules and procedures shall be designed to ensure a prompt and fair review of the contested matter based on the obligation of all interested parties to full and transparent cooperation with the investigation. A failure to provide such cooperation shall be deemed to support a conclusion that the information being sought would be adverse to the noncooperating party’s interests. Any administrative response ordered by the Office of Dispute Resolution as a result of its investigation shall be designed to further the goals and integrity of the Program. Disputes regarding an individual’s eligibility for Program employment or training, the terms and conditions of the individual’s Program employment or training, the imposition of discipline on a Program employee or Program trainee, the involuntary termination of an individual’s Program employment or training, or any other individual right, whether created by this Act or based on otherwise existing law, may be submitted by the adversely affected individual for resolution pursuant to the rules and procedures established for the resolution of such disputes by the Office of Dispute Resolution. For disputes falling within the scope of subsection (b), the election by an individual to pursue a legal remedy other than that provided by the Program’s dispute resolution system shall automatically waive the individual’s right to submit the dispute to the Program’s dispute resolution system unless all parties to the dispute agree to the termination of the other legal proceeding and the submission of the dispute for resolution under subsection (b). If a dispute falling within the scope of subsection
(a)or
(b)includes an alleged breach of a collective bargaining agreement ( CBA ), the jurisdiction of the Program’s Office of Dispute Resolution may not be invoked to decide any issue that depends on the interpretation of the CBA, but it may be invoked under subsection
(a)or (b), as appropriate, to decide other aspects of the dispute, either before the contract dispute is resolved if both parties to the CBA agree to the submission, or after the contract dispute has been resolved if issues remain that are suitable for resolution by the Office of Dispute Resolution. Persons or entities that claim to have suffered a legally cognizable detriment as a result of a violation of this Act that does not fall within the scope of subsection
(a)or
(b)may have their claim investigated and obtain an appropriate administrative response by filing a complaint with the Office of Dispute Resolution. In addition to the procedures established by the Secretary to formally invoke the jurisdiction of the Office of Dispute Resolution, information involving alleged violations of this Act may be reported informally to the Office of Dispute Resolution.