[wiaattorneys] Re: Disallowance hearing rules

  • From: "Turcott, Bruce \(ATG\)" <BruceT1@xxxxxxxxxx>
  • To: "Pomerantz, Jane C. \(GC-LI\)" <jpomerantz@xxxxxxxxxxx>, <jalbin@xxxxxxxxxxxxxxx>, <Paul.Mason@xxxxxxxxxxxxxxxxx>
  • Date: Mon, 8 May 2006 14:05:13 -0700

Thanks everybody.  I am leaning toward agreeing with Sante that 20 CFR
667.610(a)(2), albeit implicitly, provides an appeal route to USDOL,
particularly when our own state APA exempts "procurement of services"
from matters to which it applies.  Washington presently has no
procedures for the first level "hearing" and will need to construct
some.

Bruce

        -----Original Message-----
        From: Pomerantz, Jane C. (GC-LI) [mailto:jpomerantz@xxxxxxxxxxx]

        Sent: Thursday, May 04, 2006 6:22 AM
        To: jalbin@xxxxxxxxxxxxxxx; Paul.Mason@xxxxxxxxxxxxxxxxx
        Cc: Turcott, Bruce (ATG); wiaattorneys@xxxxxxxxxxxxx
        Subject: RE: [wiaattorneys] Re: Disallowance hearing rules
        
        
            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> 

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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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