[wiaattorneys] Re: Disallowance hearing rules

  • From: "Mason, Paul \(LABOR\)" <Paul.Mason@xxxxxxxxxxxxxxxxx>
  • To: <BruceT1@xxxxxxxxxx>, <wiaattorneys@xxxxxxxxxxxxx>
  • Date: Tue, 2 May 2006 18:13:47 -0400

There was a presentation at the WIA Attorney Workgroups at last year's
annual meeting in which the whole Audit Resolution and Hearing Process
was discussed.  I think Florida and Indiana provided their procedures
and presented the issues.   I think you are correct that there is no
appeal to Regional Office similar to the ES Complaint Process
regulations.  The regulations allow states to use a process set up for
federal programs so it is fairly open-ended.  I think Sooni in Florida
raised a concern about being bound by their State administrative
provisions which have a similar appeal to the state court system.  The
New York State Department of Labor has a separate set of regulations for
programs not specific to programs such as UI.  I am curious to see if
you have gotten other responses.

Paul Mason
Associate Attorney
State Office Campus
Building 12, Room 509
Albany, NY  12240
phone: (518) 457-4380
fax:   (518) 485-1819
paul.mason@xxxxxxxxxxxxxxxxx <mailto:paul.mason@xxxxxxxxxxxxxxxxx> 

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From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Turcott, Bruce
Sent: Tuesday, April 25, 2006 2:58 PM
To: wiaattorneys@xxxxxxxxxxxxx
Subject: [wiaattorneys] Disallowance hearing rules

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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