In the Matter of 

STATE OF TEXAS DEPARTMENT OF COMMERCE,                 ARB CASE NO. 96-135 

          COMPLAINANT,                    (ALJ Case No. 94-JTP-20


     and                                    DATE:   June 14, 1996

MIDDLE RIO GRANDE DEVELOPMENT COUNCIL,

          INTERVENOR AND 
          PARTY IN INTEREST,


     v.

UNITED STATES DEPARTMENT OF LABOR,
          
          RESPONDENT.


BEFORE:   THE ADMINISTRATIVE REVIEW BOARD[1] 


                     ORDER ASSERTING JURISDICTION AND
                     ESTABLISHING A BRIEFING SCHEDULE

     Upon consideration of the exceptions by counsel for the
Grant Officer, and pursuant to Section 166 of the Job Training
Partnership Act (JTPA), 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 is STAYED
     pending final determination; and   


     2. The Grant Officer is invited to submit an Initial 
[PAGE 2]
Brief on or before 30 days from the date of this Order;
the State of Texas Department of Commerce (TDOC) and the Middle
Rio Grande Development Council (MRGDC) may each submit a response
brief on or before 60 days from the date of this Order; and the
Grant Officer may submit a reply brief on or before 80 days from
the date of this Order.  Initial and response briefs shall be
limited to 25 typed pages and the reply brief shall be limited to
10 pages.[2] 
     The parties are reminded that pursuant to Section 166 of
JTPA, 29 U.S.C. § 1576(c), if the 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. 
     Filings shall be submitted to the Administrative Review
Board, U.S. Department of Labor, 200 Constitution Avenue, N.W.,
Room S-4309, Washington, D.C., 20210.
     SO ORDERED.


                              _________________________
                              DAVID A. O'BRIEN
                              Chair


                              _________________________
                              KARL J. SANDSTROM
                              Member
                              

                              ________________________
                              JOYCE D. MILLER
                              Alternate Member





[ENDNOTES]
           
[1] 
  On April 17, 1996, a Secretary's Order was signed delegating
jurisdiction to issue final agency decisions under this statute
and these regulations to the newly created Administrative Review
Board.  61 Fed. Reg. 19978 (May 3, 1996)(copy attached).  

  Secretary's Order 2-96 contains a comprehensive list of the
statutes, executive order and regulations under which the Board
now issues final agency decisions.  A copy of the final
procedural revisions to the regulations (61 Fed. Reg. 19982),
implementing this reorganization is also attached.


[2] 
  Pleadings are expected to conform to the page limitations and
should be prepared in Courier 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.  This requirement is necessary because some parties
have attempted to evade the page limits of previous briefing
schedules.