Migrant and Seasonal Farmworker Monitoring Report and Complaint/Apparent Violation Form

ICR 201605-1205-003

OMB: 1205-0039

Federal Form Document

ICR Details
1205-0039 201605-1205-003
Historical Active 201509-1205-001
DOL/ETA EBSS: 012-05-01-02-02-2025-00.
Migrant and Seasonal Farmworker Monitoring Report and Complaint/Apparent Violation Form
Revision of a currently approved collection   No
Regular
Approved without change 09/30/2016
Retrieve Notice of Action (NOA) 06/27/2016
  Inventory as of this Action Requested Previously Approved
09/30/2019 36 Months From Approved 12/31/2018
7,416 0 7,322
9,706 0 8,992
0 0 0

These forms are necessary as part of federal regulations at 20 CFR Parts 651, 653 and 658 authorized by the Wagner-Peyser Act, set forth requirements to ensure that migrant and seasonal farmworkers (MSFWs) receive services that are qualitatively equivalent and quantitatively proportionate to the services proved to non-MSFWs. ETA 5148 collects data which are primarily used to monitor and measure the extent and effectiveness of State Workforce Agencies service delivery to migrant and seasonal farm workers (MSFWs). ETA 8429 is used to to process complaints pursuant to 20 CFR 658 Subpart E. A revised definition of complaint will align with language in section 2 of the Wagner-Peyser Act, as amended by WIOA Title III section 302, to refer to “employment service” offices rather than “job service” offices. The revised definition specifies that complaints are representations or referrals of alleged violations of employment service regulations, Federal laws enforced by DOL’s Wage and Hour Division (WHD) or Occupational Safety and Health Administration (OSHA), or Federal, State or local employment-related laws. DOL adds language in the definition clarifying that the complaints filed are alleging a violation occurred, rather than confirming that a complaint represents an actual violation—which may be determined after the complaint is under investigation pursuant to 658 Subpart F. More specifically, the WIOA Final Rule sections containing information collections approved under this control number are: 20 CFR § 653.107, § 653.108(g)(6), § 653.108(s), § 653.108(i), § 653.108(m), § 658.601. These regulations ensure that SWAs handle complaints appropriately and uniformly. The Complaint/Apparent Violation Form, ETA- 8429, is used by SWAs to process complaints.

US Code: 29 USC 49i Name of Law: Wagner Peyser Act as Amended
  
PL: Pub.L. 113 - 128 302 Name of Law: Workforce Innovation and Opportunity Act (WIOA) of 2014

1205-AB73 Final or interim final rulemaking 81 FR 56072 08/19/2016

  80 FR 20689 04/16/2015
80 FR 20689 04/16/2015
Yes

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 7,416 7,322 0 166 -72 0
Annual Time Burden (Hours) 9,706 8,992 0 -23 737 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Changing Regulations
Yes
Changing Regulations
This is an Information Collection associated with rulemaking.

$9,434
No
No
No
No
No
Uncollected
Walter Parker 202 693-2778 [email protected]

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
06/27/2016


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