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

Forms and Documents

Document Name	Status
Form ETA 5148 Program Monitoring Recordkeeping Form	Modified
Form ETA 8429 Job Service Complaint Third Party Disclosure (ETA 8429) Form	Modified
Form ETA 5148 Program Monitoring Reporting (ETA 5148) Form	Modified
Form ETA 8429 Job Service Complaint Reporting (ETA 8429) Form	Modified
1205-0039 Supporting Statement FINAL 2019-09-12.docx Supporting Statement A	2019-09-16

IC Document Collections

IC ID	Document Title	Status
221917	Program Monitoring Recordkeeping Form	Modified
218422	Job Service Complaint Third Party Disclosure (ETA 8429) Form	Modified
186595	Program Monitoring Reporting (ETA 5148) Form	Modified
12963	Job Service Complaint Reporting (ETA 8429) Form	Modified

ICR Details

OMB Control No: 1205-0039	ICR Reference No: 201908-1205-002
Status: Historical Active	Previous ICR Reference No: 201605-1205-003
Agency/Subagency: DOL/ETA	Agency Tracking No: EBSS: 012-05-01-02-02-2025-00.
Title: Migrant and Seasonal Farmworker Monitoring Report and Complaint/Apparent Violation Form
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/21/2019
	Date Received in OIRA: 09/25/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2022	36 Months From Approved	12/31/2019
Responses	6,572	0	7,416
Time Burden (Hours)	8,813	0	9,706
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

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Authorizing Statute(s): US Code: 29 USC 49i Name of Law: Wagner Peyser Act as Amended
  

Citations for New Statutory Requirements: PL: Pub.L. 113 - 128 302 Name of Law: Workforce Innovation and Opportunity Act (WIOA) of 2014

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 8343	03/07/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 50479	09/25/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Job Service Complaint Reporting (ETA 8429)	ETA 8429	Complaint Form
Program Monitoring Reporting (ETA 5148)	ETA 5148	LEARS Reporting System Services to Migrant and Seasonal Farmworkers Report
Job Service Complaint Third Party Disclosure (ETA 8429)	ETA 8429	Complaint Form
Program Monitoring Recordkeeping	ETA 5148	LEARS Reporting System Services to Migrant and Seasonal Farmworkers Report

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ICR Summary of Burden

	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	6,572	7,416	0	0	-844	0
Annual Time Burden (Hours)	8,813	9,706	0	0	-893	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The annual burden for this ICR decreased from 9,706 hours to total of 8,813 hours, (1,108 hours for ETA Form 5148, 7,705 hours for ETA Form 8429), resulting in a decrease of 893 hours over ETA’s previous estimate. The burden hours have decreased due to the lower number of complaints processed at the state level.

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Annual Cost to Federal Government: $15,010

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 09/25/2019

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