[wiaattorneys] Re: Disallowance hearing rules

  • From: John Albin <jalbin@xxxxxxxxxxxxxxx>
  • To: Paul.Mason@xxxxxxxxxxxxxxxxx
  • Date: Wed, 3 May 2006 22:14:17 -0500

I would concur with Bob and Paul.  I think if the administrative decision is 
appealed, it is appealed to the state courts.  I don't know that it is all that 
dissimilar to the situation when TAA/TRA eligibility decisions get appealed to 
the state courts, although the federal regulations specifically prescribe the 
appeal process in Trade cases.

John H. Albin
Agency Legal Counsel
Nebraska Workforce Development
Department of Labor
550 S. 16th St.
P.O. Box 94600
Lincoln, NE 68509-4600
tel. 402-471-9912
fax 402-471-9917

-----wiaattorneys-bounce@xxxxxxxxxxxxx wrote: -----

To: <BruceT1@xxxxxxxxxx>, <wiaattorneys@xxxxxxxxxxxxx>
From: "Mason, Paul \(LABOR\)" <Paul.Mason@xxxxxxxxxxxxxxxxx>
Sent by: wiaattorneys-bounce@xxxxxxxxxxxxx
Date: 05/02/2006 05:13PM
Subject: [wiaattorneys] Re: Disallowance hearing rules

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 
Paul Mason 
Associate Attorney 
State Office Campus 
Building 12, Room 509 
Albany , NY   12240 
phone: (518) 457-4380 
fax:   (518) 485-1819 
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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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