State of California Health &
Welfare Agency v. USDOL, 96-JTP-7 (ALJ Oct. 22,
1996)
UNITED STATES DEPARTMENT OF
LABOR OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, N.W., SUITE 400N
WASHINGTON, D.C. 20001-8002
Date: October 22, 1996
Case No.: 96-JTP-7
In the Matter of:
STATE OF CALIFORNIA HEALTH
AND WELFARE AGENCY,
Complainant,
v.
UNITED STATES DEPARTMENT OF LABOR,
Respondent.
ORDER GRANTING MOTION TO INTERVENE
This matter arises under the Job Training Partnership Act, 29 U.S.C. §
1501, et seq., and the regulations issued thereunder at 20 C.F.R. Part 636. Complainant filed
its request for an administrative hearing in this matter on December 8, 1995. On September 30,
1996, this Office received a motion from the City of Los Angeles (Petitioner) to intervene in this
matter. No response or objection to this motion has been received.
Under applicable regulations, a party has a right to intervene in an action if
the administrative law judge determines that:
(1) the final decision could directly and adversely affect the party;
(2) the party may contribute materially to the disposition of the proceedings; and
(3) the party's interest is not adequately represented by the existing parties.
29 C.F.R. § 18.10(b).
Petitioner's motion satisfies all of the regulatory criteria. Petitioner asserts
that a decision in this case could directly and adversely affect its interests because, if determined that
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funds were misspent, the State of California will seek repayment from Petitioner. Petitioner suggests
that it could materially contribute to the proceedings because the testimony and evidence to be
presented derive from the Petitioner's records and employees because the disallowed costs involve
Petitioner's relationship with its subproviders. Petitioner also notes that a potential conflict of
interest exists between the State and the City, such that State may not be able to adequately protect
Petitioner's interests; the State may assert theories inconsistent with the one it may have to take in
subsequent proceedings against Petitioner if funds are determined to be disallowed.
In light of the information presented, and after review of the administrative
file and pertinent regulations, I find that it is appropriate to GRANT the City of Los Angeles's
motion to intervene, and IT IS HEREBY ORDERED accordingly.
