I'm not necessarily disagreeing with you that in your state a final determination of an agency has to be appealed to state court but there is a distinction to be made between WIA and Trade. Under Trade the regulations state: "[T]he rights of individuals to TAA shall be protected in the same manner and to the same extent as the rights of persons to UI are protected under the applicable state law." I don't recall seeing anything like that in the WIA law or regs. Jane -----Original Message----- From: wiaattorneys-bounce@xxxxxxxxxxxxx [mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of John Albin Sent: Wednesday, May 03, 2006 11:14 PM To: Paul.Mason@xxxxxxxxxxxxxxxxx Cc: BruceT1@xxxxxxxxxx; wiaattorneys@xxxxxxxxxxxxx Subject: [wiaattorneys] Re: Disallowance hearing rules 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 <mailto:paul.mason@xxxxxxxxxxxxxxxxx> This transmission may contain confidential or privileged information, which is intended for use by the individual or entity to whom it is addressed. If you are not the intended recipient, you are hereby notified that any disclosure, dissemination, copying or distribution of this transmission or its attachments is strictly prohibited. In addition, unauthorized access to this transmission may violate laws, including the Electronic Communications Privacy Act of 1985. If you have received this transmission in error, please notify the sender immediately at the above address and delete the transmission and its attachments. _____ 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