DATE: July 21, 1993
CASE NO. 90-JTP-17
IN THE MATTER OF
PHOENIX INDIAN CENTER INC.,
COMPLAINANT,
v.
U.S. DEPARTMENT OF LABOR,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
ORDER ASSERTING JURISDICTION AND REMAND
Upon consideration of the motion by counsel for Phoenix
Indian Center Inc. (Phoenix) dated June 16, 1993, and pursuant to
Section 166 of the Job Training Partnership Act, 29 U.S.C.
§§ 1501, 1576 (1988), it is ORDERED that--
1. Jurisdiction is asserted in this case and the
decision of the Administrative Law Judge (ALJ) dated
April 7, 1993, is STAYED pending further proceedings in
this matter; and that
2. It is Ordered that this case be REMANDED to the
Office of Administrative Law Judges for such further
proceedings as are appropriate. Specifically, it is
further Ordered that the presiding ALJ address the
issue of material fact asserted by Phoenix that the
Order to Show Cause issued on November 24, 1992, had been
sent to a former address and was not received by Phoenix;
that Phoenix did not receive notice of the entry of default
dated April 7, 1993, until May, 1993; that the Department of
Labor was aware of Phoenix's change of address prior to its
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last move; and other such matters of fact and law which may be
pertinent to the resolution of this case.
SO ORDERED.
__________________________
Secretary of Labor
Washington, D.C.
OAA:SBLOOM:tm:May 16, 1995
Room S-4309:FPB:219-4728
