[wiaattorneys] Re: Disallowance hearing rules

  • From: "Ganong, Robert (DET)" <RGanong@xxxxxxxxx>
  • To: "'BruceT1@xxxxxxxxxx'" <BruceT1@xxxxxxxxxx>, wiaattorneys@xxxxxxxxxxxxx
  • Date: Wed, 3 May 2006 16:04:57 -0400

Bruce. As far as I know, there is no appeal to USDOL. If we disallow a cost,
the subrecipient has the opportunity to file an appeal and have a hearing
before a Hearing Officer. If the decision is adverse to the subrecipient,
the subrecipient can appeal to the State courts under our Administrative
Procedures Act. Bob.

 

-----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Turcott, Bruce (ATG)
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 appeals?

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

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