ORDER GRANTING STAY
The Arizona Department of Economic Security (ADES) and the City of
Phoenix have
requested a stay in the implementation of the Administrative Review Board's Final Decision and
Order in this matter, pending a Petition for Review filed before the United States Court of
Appeals
for the Ninth Circuit. The Board's Order required ADES to repay to the U.S. Department of
Labor
(USDOL) a sum of money disallowed by the Grant Officer as JTPA costs.
Upon consideration of the request, it is ORDERED that--
1. Implementation of the Final Decision and Order in this case IS
STAYED pending review
of it by the United States Court of Appeals for the Ninth Circuit; and that
2. The stay IS CONDITIONED UPON submission by ADES to the
USDOL, within 30 days
of the issuance of this Order, of a written agreement by ADES that, within 30 days after a
decision
by the court of appeals favorable to the USDOL has become final, ADES shall pay in cash in
non-Federal funds to USDOL, the principal amount determined by the court to be owed to
USDOL, and
such further amount as may accrue in interest during the pendency of the court's review at the
interest
rates which USDOL would normally charge for delayed payment of the principal amount during
that
period. 29 C.F.R. § 20.50 et seq. Department of Labor v. State of Florida Dep't of
Labor
and Employment Security , Sec. Final Dec. And Order, Case No. 84-CTA-228, Dec. 9. 1988;
Florida Dep't of Labor v. U.S. Dep't of Labo r, 893 F.2d 1319 (11th Cir. 1990)(affirmed
on other grounds).
SO ORDERED.
DAVID A. O'BRIEN
Chair
KARL J. SANDSTROM
Member
JOYCE D. MILLER
Alternate Member
[ENDNOTES]
1 Arizona Department of Economic Security v. U.S.
Department
of Labor , on June 7, 1996.
