ARB CASE NO. 06-056
ALJ CASE NO. 2004-OAA-1
DATE: August 11, 2006
In the Matter of:
TEXAS WORKFORCE COMMISSION,
COMPLAINANT,
v.
UNITED STATES DEPARTMENT OF LABOR,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
FINAL ORDER DISMISSING CASE WITH PREJUDICE
This
case concerns a grant under Title V of the Older Americans Act (OAA), the Senior
Community Service Employment Program, 42 U.S.C.A. §§ 3056, 3056a through 3056n
(West 2003), with implementing regulations at 20 C.F.R. Part 641 (2006) and 29
C.F.R. Part 96, subpart F (2005). The Grant Officer sought repayment of
$536,189.62 in disallowed costs from the Texas Workforce Commission (TWC). On
December 29, 2005, the Administrative Law Judge issued a Decision and Order
Granting Summary Judgment in favor of the Grant Officer. TWC appealed, and the
Administrative Review Board accepted this case for review on February 17, 2006.
The
Secretary of Labor has delegated her authority to issue final administrative
decisions in cases arising under Title V of the OAA to the Administrative
Review Board. Secretary’s Order 1-2002 (Delegation of Authority and
Responsibility to the Administrative Review Board), 67 Fed. Reg. 64,272 (Oct.
17, 2002); 20 C.F.R. § 641.415(c)(5).
On
August 4, 2006, counsel for the Solicitor of Labor filed a Joint Stipulation of
Dismissal with Prejudice executed by the parties. The parties indicate that
they have entered into a Settlement Agreement dated August 4, 2006, that resolves
this case.
[Page 2]
Absent specific authority mandating our review and approval of settlement
agreements reached under Title V of the OAA, we DISMISS this case with
prejudice.
SO ORDERED.
WAYCE C. BEYER
Administrative Appeals Judge
OLIVER M. TRANSUE
Administrative Appeals Judge
