[wiaattorneys] Re: Disallowance hearing rules

  • From: "Pomerantz, Jane C. \(GC-LI\)" <jpomerantz@xxxxxxxxxxx>
  • To: <jalbin@xxxxxxxxxxxxxxx>, <Paul.Mason@xxxxxxxxxxxxxxxxx>
  • Date: Thu, 4 May 2006 09:21:59 -0400

    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. 
-----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 \(LABOR\)"
                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 

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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 appeals? 

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

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