Cherokee Nation of Oklahoma v.
USDOL, 97-JTP-12 (ARB Aug. 17, 1998)
U.S. Department of Labor Administrative Review Board
200 Constitution Ave, NW
Washington, DC 20210
ARB CASE NO. 98-153
Formerly ARB NO. 98-031
ALJ CASE NO. 97-JTP-12
DATE: August 17, 1998
In the Matter of:
CHEROKEE NATION OF OKLAHOMA,
COMPLAINANT,
v.
UNITED STATES DEPARTMENT OF LABOR,
RESPONDENT,
and
DELAWARE TRIBE OF INDIANS,
PARTY-IN-INTEREST.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER ASSERTING JURISDICTION AND
ESTABLISHING A BRIEFING SCHEDULE
Upon consideration of the Petition for Review filed by counsel for the
Cherokee Nation of Oklahoma (Cherokee Nation) and the Grant Officer's Motion to Dismiss, and
pursuant to Section 166 of the Job Training Partnership Act (JTPA), 29 U.S.C. §§1501,
1576 (1994), it is ORDERED that --
1. Jurisdiction is asserted in this case.
2. The Cherokee Nation may submit a response to the Grant's Officer's Motion to
Dismiss on or before September 8, 1998. In order to expedite the Board's
consideration of the merits of this case, should we deny the motion to dismiss, the
U.S. Department of Labor and the Delaware Tribe Of Indians may submit briefs in
response to the Petition for Review on or before September 8, 1998, and
the Cherokee Nation may submit a Reply Brief on or before October 8, 1998. Initial
and response briefs shall be limited to 25 typed pages and the reply brief shall be
limited to 10 pages.
Pleadings are expected to conform to the page limitations and should be
prepared in Courier (or typographic scalable) 12 point, 10 character-per-inch type or larger, with
minimum one inch left and right margins and minimum 1.25 inch top and bottom margins, printed
on 8 by 11 inch paper.
The parties are reminded that pursuant to Section 166 of JTPA, 29 U.S.C.
§ 1576(c), if the Administrative Review Board does not issue a final decision within 180 days
of the date of this Order, the decision of the Administrative Law Judge becomes final. Accordingly,
requests for modification of this briefing schedule will be disfavored and will not be granted absent
good cause shown.
An original and four copies of all pleadings and briefs shall be filed with the
Administrative Review Board, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room
S-4309, Washington, D.C., 20210.
