Migrant and Seasonal Farmworker Monitoring Report and Complaint/Apparent Violation Form
Revision of a currently approved collection
No
Regular
Comment filed on proposed rule and continue
06/15/2023
04/20/2022
The rule is in the NPRM stage and another ICR submission should be done at final rule stage.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
07/31/2023
36 Months From Approved
02/29/2024
6,572
0
6,572
8,813
0
8,813
0
0
0
This ICR relates to the Wagner-Peyser Act Staffing Flexibility final rule (final rule), published January 6, 2020. This final rule gives States increased flexibility in their administration of Employment Service (ES) activities funded under the Wagner-Peyser Act. The final rule modernizes the regulations to align them with the flexibility allowed under the Workforce Innovation and Opportunity Act (WIOA). The final rule eliminates language relating to the âcompensation approved by the civil service classification systemâ at 20 CFR 653.108 (c) and the affirmative action language at 20 CFR 653.111. Accordingly, ETA is proposing to delete the same affirmative action language from the ETA Form 5148. These changes are not expected to affect the burden to the states.
Pursuant to 20 CFR 653.109, SWAs use ETA Form 5148 to submit quarterly data to ETA on the services they provide to MSFWs. ETA uses that data to monitor and measure the extent and effectiveness of SWA service delivery to MSFWs and overall compliance with 20 CFR 651, 653, and 658. Additionally, 20 CFR 658.602(e) requires the ETA National Office to develop tools and techniques for reviewing and assessing SWA performance and compliance with ES regulations; and 20 CFR 658.602(f)(2) requires the National Monitor Advocate to review the performance of SWAs in providing the full range of employment services to MSFWs. The collection of data through ETA Form 5148 allows ETA to comply with these regulations and monitor SWA performance.
The regulations at 658.411(a)(3) require that staff must ensure the complainant (or his/her representative) submits the complaint on the Complaint/Apparent Violation Form or another complaint form prescribed or approved by the Department or submits complaint information which satisfies paragraph (a)(4) of this section. The Complaint/Apparent Violation Form must be used for all complaints, including complaints about unlawful discrimination, except as provided in paragraph (a)(4) of this section. Pursuant to 20 CFR 658.410(i), âState agencies must ensure any action taken by the Complaint System representative, including referral on a complaint from an MSFW is fully documented containing all relevant information, including a notation of the type of each complaint pursuant to Department guidance, a copy of the original complaint form, a copy of any ES-related reports, any relevant correspondence, a list of actions taken, a record of pertinent telephone calls and all correspondence relating thereto.â Therefore, SWAs use the ETA Form 8429 to record and process complaints. Additionally, ETA Form 8429 is helpful because it identifies whether a complainant is an MSFW which implicates additional actions that must be taken by the SWA (i.e. 20 CFR 658.410(m) requires that the State Monitor Advocate follow-up monthly on unresolved complaints submitted by MSFWs). SWAs may also use ETA Form 8429 to meet the 20 CFR 658.419 documentation requirements for apparent violations.
PL:
Pub.L. 113 - 128 302
Name of Law: Workforce Innovation and Opportunity Act (WIOA) of 2014
US Code:
29 USC 49i
Name of Law: Wagner Peyser Act as Amended
The annual burden estimates were updated to incorporate increased burden related to the new ICs. Specifically, the revision adds ICs to maintain a central complaint log and to maintain outreach logs for three years. Though these requirements have existed in ETA regulations for many years, at 20 CFR 658.410(c) and 20 CFR 653.107(b) respectively, no ICR addressed the requirements. This revision incorporates these preexisting requirements to help make it clear to SWAs that they must maintain such records.
The burden estimates were updated to account for the number of SWAs that should have SMAs, rather than the number of SWAs that currently have SMAs. The prior burden estimates included only the number of SWAs that have traditionally had SMAs, rather than the number of SWAs required to comply with Monitor Advocate System regulations at 20 CFR 653, including appointment of an SMA. Historically, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands have not had SMAs and were left out of burden estimates. However, Section 2 of the Wagner-Peyser Act defines âstateâ as âany of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. Therefore, there should be 54 SMAs.
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.
Maintenance of Outreach Logs for Three Years