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2009 - 10-05-09 Regular Meeting
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2009 - 10-05-09 Regular Meeting
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12/14/2009 3:38:38 PM
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Admin-Clerk
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Minutes
Committee
Board of Commissioners
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0 0 <br />BOOK ,C,3 P1Gt 100 <br />considerations. Immediate family is described as wife, husband, and mother; <br />father, brother, sister, son, daughter, mother-in-law, father-in-law, daughter-in- <br />law, son-in-law, grandmother, grandfather, grandson, granddaughter, stepmother, <br />or stepfather. This section shall also apply to applicants, participants, governing <br />boards for contractors, Contractor staff, and subcontractor staff involved in WIA <br />activities. <br />26. Complaints and Hearings <br />(a) The Contractor shall have a complaint and hearing procedure for <br />complaints and grievances by its employees, participants and other <br />persons. The procedure may involve investigations by the Contractor and <br />shall result in an impartial hearing within 30 days and a written decision in <br />60 days after receipt of the formal complaint. <br />(b) The College shall have a complaint and hearing procedure for complaints <br />and grievances as described in paragraph 23(a). The procedures shall be <br />conducted under and governed by the North Carolina Administrative <br />Code. As to complaints and appeals governed by this paragraph, the <br />College shall have authority to investigate and make findings, <br />determinations and orders, including orders imposing corrective <br />conditions and ordering sanctions, after the opportunity for a hearing. <br />Where permitted under this contract or by law, sanctions and conditions <br />may be imposed prior to an oral hearing in an emergency situation. <br />Decisions of the College may be appealed to the State. <br />(c) The College may, on its own complaint, initiate an investigation and <br />conduct a hearing on any activity under this contract. <br />(d) The complaint and hearing procedure hereunder will comply with the Act, <br />the regulations thereunder, and with state law. <br />(e) The Contractor shall designate a hearing officer and provide each <br />participant with a copy of the Contractor's complaint and hearing <br />procedure including the names and addresses of the Contractor's hearing <br />officer, and the hearing officer of the College. <br />27. Protests, Disputes, and Claims <br />Except as otherwise provided in this contract, any protest, dispute or claim, <br />concerning a question of fact arising under this contract which is not disposed of <br />by agreement shall be resolved by the College, which shall issue a written <br />determination and mail or otherwise furnish a copy to the Contractor. The <br />decision of the College shall be final and conclusive unless, within 30 days from <br />the date of receipt of such copy, the Contractor mails or otherwise furnishes to the <br />College a written appeal. The decision of the College shall be final and <br />Page 10 of 16 <br />
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