[wiaattorneys] Re: Disallowance hearing rules
- From: "Sante Perrelli" <perrellis@xxxxxxxxxxxx>
- To: "John Albin" <jalbin@xxxxxxxxxxxxxxx>, <Paul.Mason@xxxxxxxxxxxxxxxxx>
- Date: Thu, 04 May 2006 08:55:05 -0400
I am not so convinced that there is no appeal to the feds following a state
determination. 20 CFR 667.610(2). I also think that whether a state's
administrative procedures act (i.e., contested case hearings) applies is a
state law question. I don't believe that WIA requires (or perhaps could
require) that a state utilize its full contested case hearing processes to
resolve disallowance appeals.
Sante
>>> John Albin <jalbin@xxxxxxxxxxxxxxx> 5/3/2006 11:14:17 PM >>>
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
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
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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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