[wiaattorneys] Disallowance hearing rules

  • From: "Turcott, Bruce \(ATG\)" <BruceT1@xxxxxxxxxx>
  • To: <wiaattorneys@xxxxxxxxxxxxx>
  • Date: Tue, 25 Apr 2006 11:58:14 -0700

My client, the employment security department (ESD), disallowed some
costs of a local workforce development council (WDC).  The WDC has
requested a hearing.  The applicable CFR requiring the state to provide
a hearing appears to be 20 CFR 667.600(d).  ESD has not promulgated any
rules of procedure for this type of hearing and this would be the first
one.  If we look to our state administrative procedure act, the hearing
would be held by a state administrative law judge and appeal from the
final agency decision would be to our state court system as in other APA
appeals.  Am I missing anything in the federal rules related to process,
such as appeal from the state ALJ to USDOL as in job service system

Bruce Turcott
Assistant Attorney General
Licensing and Administrative Law Division
(360) 586-2738

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