20 C.F.R. PART 636—COMPLAINTS, INVESTIGATIONS AND HEARINGS
Title 20 - Employees' Benefits
Authority: 29 U.S.C. 1579(a).
Source: 48 FR 48780, Oct. 20, 1983, unless otherwise noted.
(a) General. This part establishes the procedures to receive, investigate and resolve complaints, and conduct hearings to adjudicate disputes under title IV (except part B) of the Act. It governs grievance procedures at the recipient or subrecipient level, the receipt and investigation of complaints at the Federal level, the procedures for resolving investigative findings, the rules of practice for adjudicative hearings, and the rendering of decisions pursuant to the Act. Judicial review of final action of the Department after opportunity for an administrative hearing has been exclusively established in the United States Courts of Appeals for the Circuits in which the affected parties reside or transact business. (b) Initiation of investigations. JTPA investigations may be initiated upon the request of any person or organization or by the Department on its own initiative. (c) Non-JTPA remedies. Whenever any person, organization or agency believes that a recipient or subrecipient has engaged in conduct that violates the Act and that such conduct also violates a Federal statute other than JTPA, or a State or local law, that person, organization or agency may, with respect to the non-JTPA cause of action, institute a civil action or pursue other remedies authorized under other Federal, State, or local law against the recipient or subrecipient without first exhausting the remedies in this subpart. For example, if a subrecipient believes that a grantee has breached the subgrant agreement between the grantee and itself, the subrecipient may institute a civil action for breach of contract in a State court if so authorized by State law. Nothing in the Act or this paragraph, shall: (1) Allow any person or organization to join or sue the Secretary with respect to his or her responsibilities under JTPA except after exhausting the remedies in this subpart. (2) Allow any person or organization to file a suit which alleges a violation of JTPA or these regulations without first exhausting the administrative remedies described in this subpart, or (3) Be construed to create a private right of action with respect to alleged violations of JTPA or the regulations. (d) Complaints of discrimination pursuant to section 167(a) of the Act will be handled under 29 CFR parts 31 and 32. [48 FR 48780, Oct. 20, 1983, as amended at 55 FR 13007, Apr. 6, 1990] (a) Informants. Where possible the identity of any person who has furnished information relating to, or assisted in an investigation of a possible violation of the Act will be held in confidence. Where disclosure of the person's identity is essential to assure a fair determination of the issues, or where necessary to effectively accomplish responsibilities under the Act, the Department may disclose such identity upon such conditions as will promote the continued receipt of confidential information by the Department and effectuate the protections and policies stated in paragraph (b) of this section. Any such disclosure shall be consistent with the Freedom of Information Act, the Privacy Act and other applicable law. (b) Retaliation prohibited. No person or agency may discharge, or in any other manner discriminate or retaliate against any person, or deny to any person a benefit to which that person is entitled under the provisions of the Act or the regulations because such person has filed any complaint, instituted or caused to be instituted any proceeding under or related to the Act, has testified or is about to testify in any such proceeding or investigation, or has provided information or assisted in an investigation. (a) Policy. (1) Each grantee shall establish and maintain a procedure for resolving any complaint alleging a violation of the Act, regulations, grant or other agreements under the Act, including any complaint arising in connection with the JTPA programs operated by the grantee or its subrecipients. Such complaint procedures must meet the requirements of this section. The complaint procedure shall provide for final resolution of complaints within 60 days after filing the complaint. Where existing complaints or grievance procedures include the elements set forth in this section, grantees may adopt such mechanism as, or as part of, their JTPA procedure. (2) Participants shall be provided, upon enrollment into employment or training, with a written description of the complaint procedures including notification of their right to file a complaint and instructions on how to do so. Grantees should designate an individual to monitor the operation of the complaint procedures, to ensure that complaints and related correspondence are logged and filed, to ensure that assistance is available for properly filling complaints, and to ensure the availability, coordination, and promptness of all elements of the procedures. Upon filing a complaint, and at each stage thereafter, each complaint shall be notified in writing of the next step in the procedure. (3) Complaints may be brought by any individual or organization including, but not limited to, program participants, subrecipients, contractors, staff of the grantee or subrecipient, applicants for participation or financial assistance, labor unions, and community-based organizations. (4) With the exception of complaints alleging fraud or criminal activity, the filing of a complaint pursuant to this section must be made within one year of the alleged occurrence. (5) The grantee may delegate the authority to operate and maintain the complaint and hearing procedure to its subrecipients except for complaints between the grantee and its subrecipients (e.g., audit disallowances), complaints involving more than one of its subrecipients, or complaints directly involving the operations or responsibilities of the grantee. Where the procedure is delegated, the grantee may provide for an appeal to itself from the decision of the subrecipient or the grantee may provide that the subrecipient's decision is the final decision of the grantee. Where the procedure is delegated, the grantee shall ensure that the procedures specified in this section are followed and a decision issued promptly within 60 days after a complaint is filed. (6) When a participant is an employee of a grantee or subrecipient and alleges that an occurrence constitutes a violation of the Act, regulations, grant, or other agreements under the Act, as well as a violation of the terms and conditions of employment under a State or local law or a collective bargaining agreement, the participant may pursue the complaint and hearing procedures under the State or local law or the collective bargaining agreement, pursuant to §636.4. A participant who selects the procedures provided in this section is not precluded from filing a complaint under §636.4, unless otherwise prohibited by State or local law, or applicable collective bargaining agreement. (b) Complaint procedures. The complaint resolution procedure shall include: (1) Opportunity to file a complaint. All complaints shall be in writing. (2) Opportunity for informal resolution of the complaint. (3) Written notification of an opportunity for a hearing when an informal resolution has not been accomplished. The notice shall state the procedures for requesting a hearing and shall describe the elements in the hearing procedures including those set forth in paragraph (c) of this section. (4) Opportunity to amend the complaint prior to a hearing. (5) Opportunity for a hearing pursuant to paragraph (c) of this section within 30 days of filing the complaint. (6) A final written decision to the complainant which shall be made within 60 days of the filing of the complaint and provided to the parties by certified or registered mail, return receipt requested. The decision shall include: (i) A statement of facts and reason(s) for the decision. (ii) A statement that the procedures delineated in this section have been completed. (iii) A statement of any remedies to be applied. (iv) Notice of the right to file a complaint with the Grant Officer pursuant to §636.6 where any party disagrees with the decision. (c) Hearing procedure. A hearing shall be provided within 30 days after filing a complaint. The hearing procedure shall include: (1) Written notice of the date, time and place of the hearing, the manner in which it will be conducted, and the issues to be decided. Other interested parties may apply for notice. Such other interested party is a person or organization potentially affected by the outcome. The notice to other interested parties shall include the same information furnished to the complainant and shall further state whether such interested parties may participate in the hearing and if applicable, the method by which they may request such participation. (2) Opportunity to withdraw the request for hearing in writing before the hearing. (3) Opportunity to request rescheduling of the hearing for good cause. (4) Opportunity to be represented by an attorney or other representative of the complainant's choice. (5) Opportunity to call witnesses and introduce documentary evidence. Recipients or subrecipients shall cooperate in making available any persons under their control or employ to testify, if such persons are requested to testify by the complainant. (6) Opportunity to have records or documents relevant to the issues produced by their custodian when such records or documents are kept by or for the grantee or its subrecipient in the ordinary course of business. (7) Opportunity to question any witnesses or parties. (8) The right to an impartial hearing officer. (9) A verbatim record of the proceeding. (10) A written decision from the hearing officer to the complainant(s) and any other interested parties within 60 days of the filing of the complaint. This period may be extended with the written consent of all of the parties for good cause. The written decision shall include a statement of facts, a statement of reasons for the decision and a statement of any remedies to be applied. Where the hearing officer's decision is the grantee's final decision it shall be provided to the parties by certified or registered mail, return receipt requested. (11) Where a complaint procedure provides for a grantee's review of the hearing officer's decision, the grantee shall complete its review and provide a final written decision to the complainant(s), and any other parties, by certified or registered mail, return receipt requested, as provided in paragraph (c)(10) of this section within 60 days after the complaint is filed. (12) Where local law, personnel rules or other applicable requirements specify procedures in addition to those specified above, similarly employed JTPA participants shall be notified of their right to use the same procedures. (a) Policy. (1) Whenever the grantee or subrecipient is an employer, it shall continue to operate or shall establish and maintain for its participants a grievance procedure relating to the terms and conditions of JTPA employment. The employer who does not have a grievance procedure may use the complaint procedure established under §636.3. Employers shall inform participants of the procedures they are to follow. (2) A participant who elects the grievance procedure in this section, may also pursue a complaint under §636.3 where there is an alleged violation of the Act, regulations, grant or other agreement under the Act. (b) Equal benefits. Where local law, personnel rules, or other applicable requirements specify procedures (including procedures for any adverse action or for termination of employment), similarly employed JTPA participants shall be notified of their right to use the same procedures, as well as JTPA procedures. (a) Exhaustion required. No complainant may file a complaint with the Department until the grantee level procedures specified in §636.3 have been exhausted. (b) Exhaustion exceptions. Complainants who have not exhausted the procedures at the grantee level may file the complaint at the Federal level, and the Department may accept such complaint if it determines that: (1) The grantee or subrecipient has not acted within the time frames specified in §636.3; or (2) The grantee's or subrecipient's procedures are not in compliance with §636.3; or (3) An emergency situation exists. (a) General; final determination of reliable and probative evidence. Where local administrative remedies have been exhausted, section 144(c) of the Act requires that a final determination of the complaint shall be made within 120 days after the Department receives the complaint. The Department's resolution of non-criminal matters pursuant to section 144(c) of the Act consists of the final determination under §636.8(e) of whether there is reliable and probative evidence to support the allegation or belief that a grantee or subrecipient is failing to comply with the requirements of the Act, regulations, grant or other agreement under the Act. (b) Complaints. (1) Every complaint shall be filed in writing before the commencement of any investigation or corrective action shall be required. Complaints alleging discrimination under section 167, will be filed with the Regional Director, Office of Civil Rights (OCR). All other JTPA complaints will be filed with the appropriate Grant Officer. However, a complaint timely filed with either the Grant Officer or the Regional OCR Director shall be deemed properly filed and shall be referred (as necessary) to the appropriate office. The complaint shall be filed only after the grantee level procedures in §636.3 have been exhausted and no later than 30 days from the date of receipt of the written decision or notice required by §636.3. The complaint should contain the following: (i) The full name, telephone number (if any), and address of the person making the complaint. (ii) The full name and address of the respondent (the grantee or subrecipient or person against whom the complaint is made). (iii) A clear and concise statement of the facts, including pertinent dates, constituting the alleged violation. (iv) Where known, the provisions of the Act, regulations, grant or other agreements under the Act believed to have been violated. (v) A statement disclosing whether proceedings involving the subject of the complaint have been commenced or concluded before any Federal, State or local authority, and, if so, the date of such commencement or conclusion, the name and address of the authority and the style of the case. (vi) A copy of the final decision of the recipient or subrecipient issued pursuant to §636.3. (2) A complaint will be considered to have been received upon receipt by the appropriate Grant Officer. To be acceptable, the complaint must be a written statement sufficiently precise to both identify those against whom the allegations are made and to fairly afford the respondent an opportunity to prepare a defense. A complaint may be amended to cure defects or omissions, or to clarify and amplify allegations made therein, and such amendments relate back to the original filing date for purposes of timely filing. (3) A complaint once filed may be withdrawn only with the consent of the Grant Officer. If the complainant fails to cooperate or is unavailable, the complaint may be dismissed upon reasonable notice to the last known address of the complainant. (c) Investigation of complaints. Whenever the Grant Officer receives a complaint filed in accordance with paragraphs (a) and (b) of this section, the complaint shall be investigated if it alleges that any person, grantee or subrecipient has failed to comply with the requirements of the Act, regulations, grant or other agreements under the Act. The Grant Officer shall promptly issue a notice to the grantee or subrecipient which shall include a copy or summary of the complaint and which shall direct the grantee or subrecipient to forward a copy of the complete administrative file, including a copy of the certified verbatim transcript of the hearing, within 15 days of receipt of such notice to the Grant Officer. Such investigation shall be completed and a conclusion made pursuant to §636.8(e) within 120 days of the filing of the complaint, except that the time may be extended with the written consent of all the parties. (d) Onsite review and other bases for investigation. If after an onsite review, monitoring visit, review of reports, data or other information, the Grant Officer has reason to believe that a grantee or subrecipient is failing to comply with the requirements of the Act, regulations, grant or other agreements under the Act, the Grant Officer or other designated authority shall inquire into the matter. (e) Utilizing other services. With the consent and cooperation of State agencies charged with the administration or enforcement of State laws, the Secretary may elect for the purpose of carrying out this part, to utilize the services of State, local and Tribal agencies and their employees, and notwithstanding any other provision of law, may reimburse, in whole or in part, such State and local agencies and their employees for services rendered for such purposes. (f) Criminal investigation. Notwithstanding any other provision of this part, investigation by the Department of any matter concerning a potential Federal criminal violation shall be conducted as the Inspector General shall direct pursuant to the powers granted by the Inspector General Act of 1978, Pub. L. 95–452, 92 Stat. 1101. (a) Subpoenas in non-Inspector General investigations. (1) The Department, through the appropriate Assistant Secretary, may issue a subpoena directing the person named therein to appear before a designated representative at a designated time and place to verify or to produce documentary evidence, or both, relating to any matter arising under the Act being investigated. The Assistant Secretary, Solicitor or the Associate Solicitor for Employment and Training Legal Services, for good cause shown, may extend the time prescribed for compliance with such subpoenas. (2) Any motion to limit or quash any investigational subpoena shall be filed with the Chief Administrative Law Judge within 10 days after service of the subpoena, or, if the return date is less than 10 days after service of the subpoena, within such other time as may be allowed by the assigned Administrative Law Judge. (3) The timely filing of a motion to limit or quash an investigational subpoena shall stay the requirement of a return on the portion challenged. If the Administrative Law Judge rules subsequent to the return date, and the ruling denies the motion in whole or in part, the Administrative Law Judge shall specify a new return date. (4) All motions to limit or quash subpoenas, and the responses thereto, shall be part of the public record of the Office of the Administrative Law Judges except as otherwise ordered or provided under these regulations. (b) Noncompliance. (1) In cases of failure to comply with compulsory processes, appropriate action may be initiated including actions for enforcement, forfeiture, penalties or criminal actions. (2) The Solicitor of Labor, with the consent of the Attorney General, may: (i) Institute in the appropriate district court on behalf of the Department an enforcement proceeding in connection with the failure or refusal of a person, partnership, corporation, recipient or other entity to comply with or to obey a subpoena if the return date or any extension thereof has passed; or (ii) Request on behalf of the Department the institution of civil actions, as appropriate, if the return date or any extension thereof has passed including seeking civil contempt in cases where a court order enforcing compulsory process has been violated. (a) Initial determination. Upon the conclusion of a review of the entire administrative record of an investigation conducted pursuant to §636.6 or after the conclusion of the comment period for audits, the Grant Officer shall make an initial determination of the matter in controversy including the allowability of questioned costs or activities. Such determination shall be based upon the requirements of the Act, regulations, grants or other agreements, under the Act. The determination may conclude either: (1) That based upon the entire record there is no violation of the Act, regulations, grants or other agreements under the Act; or (2) That there is evidence to support the allegation, or finding of questioned costs or activities. (b) Contents of initial determination. (1) In the event that the Grant Officer makes a finding that there is evidence to support the allegation of a violation the initial determination shall: (i) Be in writing; (ii) State the basis of the determination, including factual findings and conclusions; (iii) Specify the costs or activities disallowed; (iv) Specify the corrective actions required and/or that sanctions may be imposed; and (v) Give notice of an opportunity for informal resolution of the matters as necessary to the appropriate parties, which should include all interested parties specified by the Grant Officer. (2) In the event that the Grant Officer makes a finding of no violation the initial determination shall: (i) Be in writing; (ii) State the bases of the determination (factual findings and conclusions); and (iii) Give notice of the opportunity to present additional information within 30 days of receipt of the initial determination. (3) The initial determination shall be mailed by certified mail return receipt requested to the parties and interested parties. (c) Allowability of certain questioned costs. In any case in which the Grant Officer determines that the recipient meets the requirements of section 164(e)(2)(A)–(D) of the Act, the Grant Officer may waive the imposition of sanctions (sec. 164(e)(3)). It is the responsibility of the grantee to request such waiver by the Grant Officer and to submit the evidence to be used to make the finding. (d) Informal resolution. Except as provided by section 164(f) of the Act, the Grant Officer shall not revoke a grant, in whole or in part, nor institute corrective action or sanctions against a grantee without first providing the grantee with an opportunity to informally resolve those matters contained in the Grant Officer's initial determination. If all matters are informally resolved, the Grant Officer shall notify the parties in writing of the nature of the resolution, which shall constitute final agency action, not subject to appeal, and shall close the file. (e) Final determination. (1) If all the parties and the Grant Officer cannot informally resolve any matter pursuant to paragraph (d) of this section, the Grant Officer shall provide each party with a final written determination by certified mail, return receipt requested. In the case of audits, the final determination shall be issued not later than 180 days after the receipt by the Grant Officer of the final approved audit report. (2) The final determination shall: (i) Indicate that efforts to informally resolve matters contained in the initial determination pursuant to paragraph (a) of this section have been unsuccessful; (ii) List those matters upon which the parties continue to disagree; (iii) List any modifications to the factual findings and conclusions set in the initial determination; (iv) List any sanctions, and required corrective actions, including any other alteration or modification of the plan, grant, agreement or program ordered by the Grant Officer; and (v) Inform the parties of their opportunity to request a hearing pursuant to these regulations. (3) If it is determined in the final notice that the complaint does not allege and/or the evidence does not indicate that there is reason to believe there may have been a violation of the Act, regulations, grants or other agreements under the Act, the Grant Officer shall dismiss the complaint without an offer of a hearing. Such dismissal shall constitute final agency action. (a) Parties to a complaint under §636.10 may choose to waive their rights to an administrative hearing before the Office of Administrative Law Judges (OALJ) by choosing to transfer the settlement of their dispute to an individual acceptable to all parties for the purpose of conducting an informal review of the stipulated facts and rendering a decision in accordance with applicable law. A written decision will be issued within 60 days after the matter is submitted for informal review. (b) The waiver of the right to request a hearing before the OALJ will automatically be revoked if a settlement has not been reached within the 60 days provided in paragraph (a) of this section. (c) The decision rendered under this informal review process shall be treated as a final decision of an Administrative Law Judge pursuant to section 166(b) of the Act. (a) Jurisdiction. (1) Within 21 days of receipt of the Grant Officer's final determination, except for determinations under §636.8(e)(3) dismissing the complaint without an opportunity to request a hearing, or on the expiration of 120 days of the filing of a complaint with the Grant Officer upon which no extensions have been mutually agreed, any affected grantee, subrecipient of complainant may transmit by certified mail, return receipt requested, a request for hearing to the Chief Administrative Law Judge, United States Department of Labor, 800 K Street, NW., suite 400, Washington, DC 20001-8002 with a copy to the Grant Officer. (2) The request for hearing shall be accompanied by a copy of the Grant Officer's final determination, if issued, and shall specifically state those issues of the determination upon which review is requested. Those provisions of the determination not specified for review, or the entire determination when no hearing has been requested, shall be considered resolved and not subject to further review. (3) Except as otherwise provided by these regulations, only alleged violations of the Act, regulations, grants or other agreements under the Act fairly raised in grantee level proceedings under §636.3, alleged violations of recipient level procedures fairly raised before the Grant Officer, or complaints identified in sections 164(f) and 166(a) of the Act are subject to review. (4) The same procedure set forth in paragraphs (a) (1) through (3) of this section applies in the case of a complainant who has not had a dispute adjudicated by the informal review process of §636.9 within the 60 days, except that the request for hearing before the OALJ must be filed within 15 days of the conclusion of the 60-day period. In addition to including the determination upon which review is requested, the complainant must include a copy of any Stipulation of Facts and a brief summary of proceedings. (5) Discretionary hearing. An opportunity for a hearing may also be extended when the appropriate Assistant Secretary determines that fairness and the effective operation of JTPA programs would be furthered. (b) Service and filing. Copies of all papers required to be served on a party or filed with the OALJ shall be filed simultaneously with the OALJ and served upon the parties of record or their representatives, and shall contain proof of such service. (c) Rules of Procedure. The rules of practice and procedure promulgated by the OALJ shall govern the conduct of hearings under this section. (d) Prehearing procedures. In all cases, the OALJ should encourage the use of prehearing procedures to simplify and clarify facts and issues. (e) Subpoenas. Subpoenas necessary to secure the attendance of witnesses and the production of documents or things at hearings shall be obtained from the OALJ and shall be issued pursuant to the authority contained in section 163(b) of the Act, incorporating 15 U.S.C. section 49. (f) Timely submission of evidence. The OALJ shall not permit the introduction at the hearing of documentation relating to the allowability of costs if such documentation has not been made available for review either at the time ordered for any prehearing conference, or, in the absence of such an order, at least three weeks prior to the hearing date. (g) Burden of production. The Department shall have the burden of production to support the Grant Officer's decision. To this end, the Grant Officer shall prepare and file an administrative file in support of the decision. Thereafter, the party or parties seeking to overturn the Grant Officer's decision shall have the burden of persuasion. (h) Review. (1) In all cases proceeding under §636.6, the Administrative Law Judge shall review the Administrative File and the request for hearing and shall determine whether there has been a full and fair hearing at the grantee level and whether there are no material factual issues unresolved. If the Administrative Law Judge determines that these two conditions are met, the case shall be decided upon the record and upon such briefs as the parties may submit. The Administrative Law Judge shall determine from the record whether there exists reliable and probative evidence to uphold the decision of the Grant Officer and shall, as appropriate, either affirm or remand the decision. (2) If the Administrative Law Judge determines that either of the two conditions is not met, he or she shall hold a hearing. In such cases, the Office of Administrative Law Judges shall have the full authority of the Secretary under section 164 of the Act, except with respect to the provisions of subsection (e) of that section. (3) Nothing in this subsection shall be construed to limit the right of the parties to seek a dismissal of the request for hearing or to seek summary judgment. (i) Termination of grant. When the decision terminates the grant in whole or in part after hearing pursuant to this subpart, the decision shall specify the extent of termination and the date upon which such termination becomes effective. Upon receipt of this notice, the grantee shall: (1) Discontinue further commitments of grant funds to the extent that they relate to the terminated portion of the grant. (2) Promptly cancel all subgrants, agreements and contracts utilizing funds under this grant to the extent that they relate to the terminated portion of the grant. (3) Settle, with the approval of the Secretary, all outstanding claims arising from such termination. (4) Submit, within a reasonable period of time, after the receipt of the notice of termination, a termination settlement proposal which shall include a final statement of all unreimbursed costs related to the terminated portion of the grant. (j) Alternative provision of services. If the final decision specifies suspension or termination of the grant, the Grant Officer shall determine how services shall be maintained in the grantee's area. As part of the determination, the Grant Officer shall determine whether any funds shall be reallocated to another recipient to serve the area formerly served by the terminated or suspended grant. The Grant Officer may also consider the desirability of providing direct Federal services to the area through appropriate means. (k) Timing of decisions. The Office of Administrative Law Judges should render a written decision not later than 90 days after the closing of the record. [48 FR 48780, Oct. 20, 1983, as amended at 56 FR 54708, Oct. 22, 1991] The final decision of the Secretary pursuant to section 166(b) of the Act in cases heard by the Administrative Law Judges or decided by an informal reviewer, or the Grant Officer's final determination where there has been no such hearing, constitutes final agency action within the meaning of the Act and the Administrative Procedure Act, 5 U.S.C. 704.
Title 20: Employees' Benefits
PART 636—COMPLAINTS, INVESTIGATIONS AND HEARINGS
Section Contents
§ 636.1 Scope and purpose.
§ 636.2 Protection of informants.
§ 636.3 Complaint and hearing procedures at the grantee level.
§ 636.4 Grievance procedures at the employer level.
§ 636.5 Exhaustion of grantee level procedure.
§ 636.6 Complaints and investigations at the Federal level.
§ 636.7 Subpoenas.
§ 636.8 Initial and final determination; request for hearing at the Federal level.
§ 636.9 Opportunity for informal review.
§ 636.10 Hearings before the Office of Administrative Law Judges.
§ 636.11 Final action.
§ 636.1 Scope and purpose.
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§ 636.2 Protection of informants.
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§ 636.3 Complaint and hearing procedures at the grantee level.
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§ 636.4 Grievance procedures at the employer level.
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§ 636.5 Exhaustion of grantee level procedure.
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§ 636.6 Complaints and investigations at the Federal level.
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§ 636.7 Subpoenas.
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§ 636.8 Initial and final determination; request for hearing at the Federal level.
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§ 636.9 Opportunity for informal review.
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§ 636.10 Hearings before the Office of Administrative Law Judges.
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§ 636.11 Final action.
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